MORTGAGES. 2205
should be dissolved and a new injunction issued upon filing of bond. Effect of nunc
pro tune order upon filing of bond. If bond is not filed, the ratification of sale may
be excepted to by party authorized to redeem mortgage and who made a tender.
Wingert v. Brewer, 116 Md. 521.
The filing of a bond is a condition precedent to the granting of an injunction
under sec. 16. Thrift v. Bannon, 111 Md. 308,
An. Code, sec. 19. 1904, sec. 19. 1888, sec. 19. 1826, ch. 192, sec. 6.
19. The purchaser of any estate or interest in lands and tenements
sold under this article, on the confirmation of the sale to him, shall be
entitled to sue forth out of the court confirming the same, a writ of posses-
sion against the mortgagor, his heirs, executors or assigns, if the same shall
be in his or their possession, directed to the sheriff of the county or city,
commanding him to put such purchaser into possession of such mortgaged
property, which shall be executed in the same manner as other writs of
possession.
An. Code, sec. 20. 1904, sec. 20. 1888, sec. 20. 1826, ch. 192, sec. 7.
20. All purchasers under such sale shall have the same rights and
remedies against the tenants of the mortgagor as the mortgagor had, and
the said tenants shall have the same rights and remedies against the pur-
chaser as they would have had against the mortgagor. But no lease made
after the mortgage was made shall be valid as against the purchaser.
An. Code, sec. 21. 1904, sec. 21. 1888, sec. 20. 1839, ch. 26, sec. 1.
21. On the death of a mortgagee of lands, his interest and estate in
the mortgaged premises together with his right to the debt thereby secured
shall devolve on and vest in his executor or administrator.
Under this section, an executor becomes by operation of law the assignee of
estate in land, and also of mortgage debt, and may execute power of sale contained
in mortgage. Harnickell v. Orndorf, 35 Md. 343.
This section referred to in deciding that a mortgage is " property." Alexander v.
Fidelity, etc., Co., 108 Md. 547.
An. Code, sec. 22. 1904, sec. 22. 1888, sec. 22. 1833, ch. 181, sec. 1. 1839, ch. 26, secs. 2-5.
22. The executor or administrator of any mortgagee, or the assignee,
or the executor or administrator of any assignee of any mortgagee who is
legally and equitably entitled to receive the mortgage debt, or where the
mortgage debt has been paid in the lifetime of the mortgagee, may release
a mortgage in the same manner and by the same means that a mortgagee
can release.
An. Code, sec. 23. 1904, sec. 23. 1890, ch. 187, sec. 23.
23. Any and every sale of real estate or personal property heretofore
made between the first day of January eighteen hundred and sixty and
the last day of December eighteen hundred and seventy-eight, under or
so intended and purporting to be a power of sale contained in a mortgage
authorizing the mortgagee, his executors, administrators or assigns or any
person to be named by him or them, or authorizing the mortgagee, his
successors or assigns or any person to be named by him or them, or when
the mortgage contains terms or expressions of like character or similar
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