BALTIMORE CITY. 1193

Ratification of Sale. Grounds for objection to ratification of sale under power
to sell—Hubbard v. Jarrell, 23 Md. 66.

Sales. A sale for cash where terms of sale are not stated in mortgage is valid—
Powell T. Hopkins, 38 Md. 1. When a sale in solido will be set aside—Patterson v.
Miller, 52 Md. 388. A power to sell property outside of the county in which it lies
cannot be given in a mortgage—Webb v. Haeffier. 53 Md. 187. No order of Orphans'
Court is required in sales of mortgaged property by executors of assignee of mort-
gage—Chilton v. Brooks. 71 Md. 453. Sales where division of land was improper—
Carroll v. Hutton, 91 Md. 379. The discretion of the trustee as to the mode of
offering property for sale under power to sell in mortgage must be properly exer-
cised—Thomas v. Fewster, 95 Md. 450. When sale will be set aside—Kauffman v.
Walker, 9 Md. 229. Only sufficient property should be offered for sale to pay the
mortgage debt and expenses when the property is divisible in a practical manner—
Mays v. Lee. 100 Md. 229. Sale by assigne of mortgage under power of sale; duty
of such assignee—Wicks v. Westcott, 59 Md. 270.

Trustee. A trustee cannot purchase at his own sale—Korns v. Shaffer, 27 Md. S3.
Duty of trustee under power to dell to all parties—Dickerson v. Small, 64 Md. 395.
Carroll v. Hutton, 88 Md. 679. For a full discussion of duties of trustee in relation
to sales of mortgaged property under power of sale, see Wicks v. Westcott, 59 Md-
270.

1833, ch. 181, sec. 3. 1864, ch. 124. P. L. L. (1888), Art. 4, sec. 703.
731. Where a default of the mortgagors has taken place before the
said conveyances have been submitted to the Circuit Court of Baltimore
City, it shall, nevertheless, be the duty of said court, upon the submis-
sion of the said conveyances to such court, after the said default, to forth-
with decree that the mortgaged premises shall be sold on such terms of
sale as to the said court shall seem proper, and to appoint by said decree
a trustee or trustees to make such sale, requiring bond and security for
the performance of the trust, as is usual in the case of the sale of mort-
gaged premises; and the said trustee or trustees may sell the same agree-
ably to the terms of the said decree; but before each sale the mortgagee
or mortgagees, or some of the mortgagees, or the executor or adminis-
trator of a deceased mortgagee, or the assignee or assignees of the mort-
gagee or one of such assignees, or the executor, or administrator of a
deceased assignee, shall file in the court in which the said proceedings are
pending, a statement of the amount of the said mortgage claim remaining
due, verifying the same by the oath or affirmation of the party filing the
same; and the said affidavit or affirmation may be made before any of
the persons mentioned in Section 721 of this Article, and the same shall
be authenticated as provided for in Section 721.

Hays v. Dorsey, 5 Md. 99. Gatchell v. Presstman. 5 Md. 161. Black v. Carroll,
24 Md. 252. Brooks v. Hays. 24 Md. 507. Counaughton v. Bernard, 84 Md. 595.
Owens v. Graetzel, 146 Md. 361.

1S9S, ch. 327.

731A. If, upon a sale of the whole mortgaged property by virtue of a
decree passed under an assent to the passing of a decree contained in the
mortgage under the provisions of Section 720 of this Article, the net
proceeds of sale, after the cost and expenses allowed by the court are
satisfied, shall not suffice to pay the mortgage debt and accrued interest,
as the same shall be found and determined by the judgment of the court
upon, the report of the auditor thereof, the court may, upon the motion