MORTGAGES. 863

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).

Cited but not construed in Ahrens v. Ijams, 158 Md. 416; Allen v. Seff, 160 Md.
241; Assurance Corporation v. State, 163 Md. 125; Mortgage Co. v. Matthews,
167 Md. 386, 392; Kelly v. Bldg. Asso., 166 Md. 186.

See notes to sec. 25.

1933 (Special Sess. ), ch. 57. 1935, ch. 527.

6A. In all mortgages of real and/or leasehold property heretofore
given or hereinafter given wherein there CIA inserted a clause authorizing
the mortgagee or any other person to be named therein to sell the mort-
gaged premises upon such terms and on such contingency as may be ex-
pressed therein, the power of sale therein contained shall not be exercised
until after June 1, 1937, except by and with the consent of the record
holders of not less than 25% of the entire unpaid mortgage debt secured
by the mortgage sought to be foreclosed, it being hereby declared to be
the intent of this Section that until after the said 1st day of June, 1937,
the holder or holders of a fractional interest in the unpaid mortgage debt
of less than 25% of the entire amount thereof, shall not have recourse to
the summary and exparte remedies, given under said Section 6 of Article
66 as aforesaid. Where any holder of a fractional interest in the entire
unpaid mortgage debt is an infant or otherwise incompetent, such consent
may be given by his guardian or committee as the case may be, or if there
is no such guardian or committee, then such consent may be given by his
next friend, and any consent so given shall be as valid and effective for
the purpose of this Act, as if such holder were not under any disability.
Providing for specified period that the provisions relating to foreclosure of
mortgages should be available to persons holding 25% of mortgage not unrea-
sonable and arbitrary classification, but act void as to mortgage under considera-
tion. Mortgage Co. v. Matthews, 167 Md. 383.

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.
Bouse v. Archer, 149 Md. 472.

Substituted trustee held to be among persons interested and entitled to insti-
tute suit. Liability Assur. Corp. v. State, 161 Md. 103.

Trustee appointed to sell at foreclosure proceedings may be required to give
second bond on account of Inadequacy of first bond. Assurance Corp. v. State,
163 Md. 126, 133.

Cited but not construed in Mizen v. Thomas, 156 Md. 320.