MORTGAGES. 2201

If a sale is made without compliance with the act of 1826, ch. 192, the time to
except is when the sale is reported. Gayle v. Fattle, 14 Md. 86.

The objection that there was no decree authorizing the sale is unavailing. Walker
v. Cockey, 38 Md. 78.

For cases involving the validity vel non of exceptions to mortgage sales, see
Md: Digest.

Generally.

In sales under this section, the trust commences with filing of bond under sec. 7,
and jurisdiction of court becomes complete on report of sale under this section.
Warehime v. Carroll County Bldg. Assn., 44 Md. 516. And see Wilson v. Watts, 9
Md. 459; Warfield v. Dorsey, 39 Md. 308.

This section indicates that jurisdiction under sec. 6, et seq., is not special, but
simply a summary made for exercise of general jurisdiction of a court of equity.
Cockey v. Cole, 28 Md. 283; Warehime v. Carroll County Bldg. Assn., 44 Md. 517.

Where no exception is taken on ground that mortgage notes were not filed, and
when there is no dispute about their ownership, or amount due on them, sale will
not be set aside because notes were not filed. Heider v. Bladen, 83 Md. 244. And
see Haskie v. James, 75 Md. 572.

Where a party interested in mortgaged property tenders mortgagee full amount
due, for purpose of redeeming mortgage, as he has a right to do, mortgagee has no
right to institute foreclosure proceedings thereafter, and may be enjoined from doing
so; or party authorized to redeem and who made tender, may except to mortgage
sale. Kent Bldg. Co. v. Middleton, 112 Md. 17.

Under this section and sec. 10, where a trustee or attorney offers property at
public sale in accordance with mortgage and withdraws it because he does not
receive a satisfactory bid, he is authorized to sell property at private sale subject
to ratification of court, and court has jurisdiction to set aside or ratify sale. The
jurisdiction of court becomes complete on the filing of report of sale; until then
proceedings are ex parte. Object of this section. Beetem v. Garrison, 129 Md. 671.

A case will not be reversed because report of sale does not state terms, nor com-
pliance with them by purchasers—the report should be seasonably Amended. Terms
of sale, held reasonable. White v. Malcolm, 15 Md. 542.

Report held to be substantially correct. Change in terms of sale. Hubbard v.
Jarrell, 23 Md. 79.

The sale is not a complete contract, and when reported is merely an offer not
accepted until ratified by court. Hanover Fire Ins. Co. v. Brown, 77 Md. 71.

Until report is filed, proceedings are ex parte. Similarity between this section and
local law applicable to Baltimore city. Albert v. Hamilton, 76 Md. 307; McCabe
v. Ward, 18 Md. 509.

This section referred to in determining that a corporation could not exercise a
power of sale under sec. 6. Frostburg Bldg. Assn. v. Lowdermilk, 50 Md. 179.

This section referred to in construing sec. 15. Webb v. Haeffer, 53 Md. 191.

This section referred to in construing sec. 7—see notes thereto. Hebb v. Mason,
143 Md. 356.

Cited but not construed in Gaither v. Tolson, 84 Md. 641; Warfield v. Dorsey,
39 Md. 308; Dill v. Satterfield, 34 Md. 53.

See notes to sec. 1.

An. Code, sec. 10. 1904, sec. 10. 1888, sec. 10. 1826, ch. 192, sec. 5.

10. If such sale be set aside by the court, a re-sale may be ordered to
be made by the party who made the previous sale, or the court may, if
justice requires it, appoint a trustee to sell the same.

It is not absolutely necessary that court should order re-sale, and a sale made
without such order, will not be set aside. Reeside v. Peter, 35 Md. 222.

For a case reversed in the court of appeals, and a re-sale ordered under this sec-
tion, see Chilton v. Brooks, 69 Md. 587.

Cited but not construed in Dircks v. Logsdon, 59 Md. 178; Basshor v. Stewart,
54 Md. 379.

See notes to sec. 9.