CONVEYANCING. 611

levied thereon to be paid by the mortgagor or any person for him during
the existence of this mortgage." This oath or affirmation may be made by
any agent or attorney of the assignee, who shall, in addition thereto, make
oath or affirmation that he is the agent or attorney of the assignee, and said
oath or affirmation shall be recorded with the assignment.1

The registration act does not affect the principle that the assignee of a mort-
gage takes it subject to all the equities and defenses to which it was subject in the
hands of the assignor. Cumberland Coal, etc., Co. v. Parish. 42 Md. 614.

See notes to secs. 33, 35 and 53.

See art. 81, sec. 201.

An. Code, sec. 36. 1904, sec. 34. 1888, sec. 34. 1856, ch. 154, sec. 118.

37. A release of a mortgage may be made in the following form, or to
the like effect:

" I hereby release the above (or within) mortgage.
" Witness my hand and seal this————day of————.

[SEAL.]"

A partial release in the form specified in this section will not pass the legal title,
although the same may have the effect of an agreement to release, or of a de-
fective release. Lowe v. The Convention, etc., 83 Md. 413.

Where a mortgage has been satisfied, equity will compel the mortgagee or his
assigns, to release the mortgage of record as prescribed in this and the following
sections. Brown v. Stewart, 56 Md. 432.

Cited but not construed in Morrill v. Gelston, 34 Md. 421.

An. Code, sec. 37. 1904, sec. 35. 1888, sec. 35. 1856, ch. 154, sec. 119.

38. Such release may be written by the mortgagee, or his assignee,
upon the record in the office where the mortgage is recorded, and attested
by the clerk of the court; and the clerk, at the time of recording every
mortgage, shall leave a blank space at the foot thereof for the purpose of
entering such release.

Cited but not construed in Lowe v. The Convention, etc., 83 Md. 414; Morrill v.
Gelston, 34 Md. 421.
See notes to sec. 37.

An. Code, sec. 38. 1904, sec. 36. 1888, sec. 36. 1856, ch. 154, sec. 120.

39. Or, such a release may be endorsed on the original mortgage by the
mortgagee or his assignee; and upon such mortgage, with the release
thereon endorsed, being filed in the office in which the mortgage is recorded,
the clerk shall record such release at the foot of the mortgage.

Cited but not construed in Lowe v. The Convention, etc., 83 Md. 414; Morrill
v. Gelston, 34 Md. 421.
See notes to sec. 37.

An. Code, sec. 39. 1904, sec. 37. 1888, sec. 37. 1856, ch. 154, sec. 121. 1900, ch. 542.

40. When the mortgage, with the release thereon, is filed for the pur-
pose of recording the release, the clerk shall retain such mortgage in his
office and not permit the same to be again withdrawn; provided, however,
that if the release is partial in its character, after the recording of the same,
the clerk may permit the mortgage to be withdrawn.

1 The mortgage tax has now been repealed except as to certain counties—see art. 81,
sec. 198, et seq.