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Code of the Public Local Laws of Maryland, 1930
Volume 377, Page 1192   View pdf image (33K)
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1192 ARTICLE 4.

notices of sale under such power shall be published in two daily news-
papers in said city for the period required by law.

Chilton v. Brooks, 71 Md. 445, 453. Roberts v. Loyola. P. B. Ass'n, 74 Md. 3, 4.
Knapp v. Anderson, 89 Md. 190. Owens v. Graetzel, 146 Md. 361. Kushnick v.
Bldg-. & Loan Ass'n, 153 Md. 685.

Advertisement. Requisites of a valid advertisement—Kaufman v. Walker, 9 Md-
229. White v. Malcolm, 15 Md. 529. Reeside v. Peter, 33 Md. 120. Stevens v.
Bond, 44 Md. 506. Warehelm v. Building Ass'n, 44 Md. 512. Dlrcks v. Logsdon,
59 Md. 173. Mistakes in advertisement; effect of—Brooks v. Hays, 24 Md. 507.
Patterson v. Miller, 52 Md. 388.

Annexation Act. Effect of, on power to sell—Chilton v. Brooks, 71 Md. 445-
Roberts v. Loyola P. B. Ass'n, 74 Md. 3.

Assignment of Mortgage. Effect on power of sale—Russum v. Wauser, 53 Md. 92-
Bouldin v. Reynolds, 58 Md. 491, and Erb. v. Grimes, 94 Md. 92.

Auctioneer. See "Mis-statement of Auctioneer."

Audit. When audit may be dispensed with—Korns v. Shatter, 27 Md. 83.

Bond of Foreclosure. See Cockey v. Coale, 28 Md. 276, and Wareheim v. Carroll
Bldg. Ass'n, 44 Md. 512.

Commissions. Commissions in mortgage sales are not chargeable against the
mortgagor as being enbraced in the term "expenses of sale." Johnson v. Glenn, 80-
Md. 369. Commissions in mortgage sales are a matter of contract—Dorsey v.
Omo, 93 Md. 74,

Debt. Nature of mortgage debt_W. M. R. R. Co. v. Goodwin, 77 Md. 271.

Decree. Effect of void decree—Kerchner v. Kempton, 47 Md. 568.

Default. See "Insurance and Interest."

Exceptions. When and by whom exceptions to ratification of sale may be filed—
Aukum v. Jantziger, 94 Md. 421. Bond v. Gray Imp. Co., 102 Md. 426.

Expenses of Sale. See "Commissions."

Inadequacy of Price. When sufficient ground for setting aside sale under power
to sell—Harnickell v. Orndorff, 35 Md. 341. Horsey v. Hough, 38 Md. 130. Condon,
v. Maynard, 71 Md. 601. Carroll v. Hutton, 91 Md. 379.

Insurance. When failure to pay constitutes default—Walker v. Cockey, 38 Md.
75. Right of mortgagee to insurance on mortgaged premises when fire takes place
after sale, but before ratification thereof—Bowdoin v. Hammond, 79 Md. 173.

Interest. When non-payment of interest constitutes default—Mowbray v. Leckle
42 Md, 474. Acceptance of interest by mortgagee after default does not constitute
waiver of latter's right to foreclosure—Mahoney v. McCubbin, 52 Mel. 357.

Jurisdiction. Jurisdiction of court in sales under powers—Cockey v. Coale, 28
Md. 276.

Misstatements. Setting aside sale under a power on account of misstatements of
auctioneer—Schaffer v. Bond, 70 Md. 480.

Mortgage Notes...When filing of same unnecessary—Heidel v. Bladen, 83 Md. 225.

Mortgagor. Effect of death of, on power to sell—Berry v. Skinner, 30 Md. 567.

Notice. Requisites of Valid Notice of Sale—White v. Malcolm, 15 Md. 529. Dircks
v. Logsclon, 59 Md. 173. Carroll v. Hutton, 91 Md. 379. Errors in Notice—White v.
McClellan, 62 Md. 347.

Poivcr to Sell. The power to sell is a power coupled with an interest—Berry v.
Skinner, 30 Md. 567. Dill v. Satterfield, 34 Md. 52. Harnickell v. Orndorff, 35 Md.
541. W. M. R. R. Co. v. Goodwin, 77 Md. 271. And as such is assignable—Russum
v. Wauser, 53 Md. 92. Bouldin v. Reynolds, 58 Md. 491. Erb v. Grimes. 94 Md. 92.
Is a power coupled with an Interest when conferred on the mortgagee—W. M. R.
R. Co. v. Goodwin, 77 Md. 271. And not when conferred on a third party who has
no interest in the estate and does not pass to his personal representatives—Barrick
v. Horner, 78 Md. 253.

Where an Assignment is Made for the purpose of foreclosure only, the power to
sell is not a power coupled with an interest and does not pass to the personal
representatives of the assignee, nor can latter exercise same—Taylor v. Carroll,
89 Md. 32.

The Mortgagee's Power of sale is not affected by an order of the Orphans' Court
directing the mortgagor's executor to sell the mortgaged premises—Mlsh v. Lech-
lider, 89 Md. 275.

Though not Exercisable by a corporation as assignee, a power of sale may be
exercised by the assignee of such corporation—Maslin v. Marshall, 94 Md. 430.

 

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Code of the Public Local Laws of Maryland, 1930
Volume 377, Page 1192   View pdf image (33K)
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