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Code of the Public Local Laws of Maryland, 1930
Volume 377, Page 1190   View pdf image (33K)
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1190 ARTICLE 4.

before any Justice of the Peace of this State, the official character of any
Justice of the Peace for any county being certified under his official seal
by the Clerk of the Circuit Court for the county where the affidavit is
made, where the affidavit is made outside of the City of Baltimore, or
before any person outside of this State authorized to take acknowledgments
of deeds; and such statement shall be filed in said court.

Hays v. Dorsey, 5 Md. 99. Ziegler v. Kine, 9 Md. 330. White v. Malcolm, 15 Md.
529. Brooks v. Hayes, 24 Md. 507. Md. Perm. Bldg. Society v. Smith, 41 Md. 516.
Hughes v. Riggs, 84 Md. 505. McCauseland v. Humane, &c., Society, 95 Md. 744.
Buckner v. Cronhardt, 132 Md. 612. Owens v. Graetzel, 146 Md. 361. Kushnick v.
Bldg. & Loan Ass'n, 153 Md. 685.

P. L. L. (1860), Art. 4, sec. 784. P. L. L. (1888), Art. 4, sec. 694.

722. Such sales and the conveyances thereupon shall have the same
effect, if finally ratified by said court, as if the same had been made under
decrees between the proper parties in relation to the mortgages, and in
the usual course of said court.

Gatchell v. Presstman, 5 Md. 161. McDowell v. Goldsmith, 6 Md. 319. Monu-
mental Bldg. Ass'n No. 2 v. Herman, 33 Md. 128. Morrill v. Gelston's Lessee, 34
Md. 413. Carroll v. Kerschner, 47 Md. 262. Rau v. Robertson, 58 Md. 506. White
v. McClellan, 62 Md. 347. Albert v. Hamilton, 76 Md. 304. Owens v. Graetzel, 146
Md. 361.

P. L. L. (1860), Art. 4, sec. 785. P. L. L. (1888), Art. 4, sec. 695.

723. The trustee or trustees shall report the sales to the court for its
consideration and ratification or rejection; and such orders shall pass,
therein touching such ratification as are usual on sales of mortgaged prop-
erty in said court.

Hardy v. Smith, 41 Md. 1. Haskie v. James, 75 Md. 568. Albert v. Hamilton,
70 Md. 309. Owens v. Graetzel, 146 Md. 361.

P. L. L. (1860), Art. 4, sec. 786. P. L. L. (1888), Art. 4, sec. 696.

724. Any allegations may be made, and proof under the orders of the
said court exhibited, and a trial of the allegations had as the court shall
prescribe, to show that the sales ought not to have been made.

Robertson v. Homestead Bldg. Ass'n, 10 Md. 407. Black v. Carroll, 24 Md. 251.
Heulsler v. Nickum, 38 Md. 273. Equitable M. L. I. Ass'n v. Backer, 45 Md. 632.
Bernstein v. Hobelman, 70 Md. 29. Roberts v. Loyola P. B. A., 74 Md. 1. Haskie
v. James, 75 Md. 568. Albert v. Hamilton, 76 Md. 304. Richardson v. Owens, 86
Md. 664. Owens v. Graetzel, 146 Md. 361.

The cases cited under section 724 mainly relate to proceedings instituted to set
aside sales under this sub-division of this Article.

P. L. L. (1860), Art. 4, sec. 787. P. L. L. (1888), Art. 4, sec 697.

725. The said court, upon being satisfied of the truth of said allega-
tions, shall reject and set aside the sale, and in such case no part of the
costs or expenses or trustee's commission, if any such commission be claim-
able, in relation to the said sales, shall be chargeable upon said prop-
erty, or the mortgagors, their heirs, executors, administrators or assigns,
but shall be wholly chargeable against the persons at whose instance or
for whose benefit the said sales shall have been proposed to be made.

Equitable Land Impmt. Ass'n v. Becker, 45 Md. 634. Owens v. Graetzel, 146 Md.
361.

 

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Code of the Public Local Laws of Maryland, 1930
Volume 377, Page 1190   View pdf image (33K)
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