MORTGAGES. 385

ARTICLE 66.

MORTGAGES.

1.

Bills of sale of automobiles not void as to creditors under this section, because
of consignment agreement: no defeasances. Distinction between conditional
sale and consignment. Rights of consignor superior to those of bankrupt's gen-
eral creditors or trustee. In re. Sachs, 21 Fed. (2nd), (Dist. Ct. Md. ), 984.

2.

Doubt of mortgage lien because of failure to state advances specifically. See
notes to art. 23, sec. 131. Carozza v. Federal Finance Co., 149 Md. 229.

Mortgage given to contractor for instalment payment on account of construc-
tion of house, assigned to lumber dealer, not enforcible, the contractor having
abandoned work without legal excuse, and lumber dealer having notice of facts.
Heinse v. Howard, 153 Md. 387.

Bill of sale intended to secure debt must be treated as constructive deed of
trust and not chattel mortgage; this section not applicable. Dudley v. Roberts,
144 Md. 161.

Cited in dissenting opinion in Baltimore v. Harper, 148 Md. 241 (See notes to
sec. 25).

3.

Cited in dissenting opinion in Baltimore v. Harper, 148 Md. 241 (See notes to
sec. 25).

See notes to sec. 2.

4.

See notes to sec. 25.

5.

Deed held not technical mortgage under this section, but deed of trust (See
art. 21, sec. 59). Kinsey v. Drury. 146 Md. 231.
See notes to sec. 25.

6.

Where suit is entered in state court to foreclose mortgage before petition in
bankruptcy against mortgagor is filed, foreclosure case may be prosecuted with-
out interference of bankruptcy court; contra, however, where (as under this
section) state court does not acquire jurisdiction until property sold and report
of sale filed. In re Hurlock. 23 F. (2nd), (Dist. Ct. Md. ), 500.

Interest, when payable. Power of sale in Baltimore. Construction of mort-
gage. Owens v. Graetzel, 146 Md. 364.

To sixth from last note, page 2198, vol. 2, of Code, add: And see Madore v.
Thompson, 155 Md. 679 (See also notes to art. 81, sec. 142).

See notes to sec. 25.

7.

Sale under mortgage, after filing of bond, takes priority over sale of prop-
erty for taxes, unless there is undue delay; injunction against sale for taxes.
Rouse v. Archer, 149 Md. 472.

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