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1935 Cumulative Supplement to the Annotated Code of the Public General Laws of Maryland
Volume 378, Page 864   View pdf image (33K)
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864 ARTICLE 66.

8.

Cited but not construed in Knapp v. Knapp, 149 Md. 220 (see notes to art.
93, sec. 290).

Advertisement for sale of residence property in Montgomery County was suffi-
cient to gratify the requirements of this section. Lewis v. Beale, 162 Md. 20.

Cited but not construed in Allen v. Seff, 160 Md. 241; Assurance Corp. v.
State, 163 Md. 126; Kelly v. Bldg. Asso., 166 Md. 186; Mortgage Co. v. Matthews,
167 Md. 386, 392.

9.

In case of resale ordered by court at purchaser's risk, under art. 16, sec. 239,
previous sale being under this section and reported to court for ratification, etc.,
court becomes vendor and assignee of mortgage is agent or trustee of court.
Postponement of sale. Interest. Bilbrey v. Strahorn, 153 Md. 494.
General creditor cannot object to sale of property under mortgage. Hannan
v. Lyddane, 164 Md. 357.

Holder of vendor's interest, under conditional sales contract, in hot water
heating system, could not object to mortgage foreclosure sale of house, for if
system was personalty, he had no interest in mortgaged property, and only per-
sons interested in property can object to sale. Finance Corp. v. Building Assn.,
167 Md. 222.

Cited but not construed in Assurance Corp. v. State, 163 Md. 126.

See notes to sec. 7.

10.

Cited in dissenting opinion in Bilbrey v. Strahorn, 153 Md. 499.

Cited but not construed in Allen v. Seff, 160 Md. 241; Assurance Corp. v.
State, 163 Md. 126; Kelly v. Bldg. Asso., 166 Md. 186; Mortgage Co. v. Matthews,
167 Md. 386, 392.

11.

The principle stated in this section is applicable to all decrees made under
the direction of a court of chancery. Mizen v. Thomas, 156 Md. 323.

Cited but not construed in separate opinion in Hammond v. Lyon Realty Co.,
163 Md. 476; Williams v. Safe Dep. & Tr. Co., 167 Md. 504.

To second note to this section, page 2202, vol. 2, of Code, add Smith v. Prit-
chett, Daily Record, April 8, 1935.

See notes to sec. 6.

12.

See notes to sec. 6.

13.

Cited but not construed in Assurance Corp. v. State, 163 Md. 126.

14.

Mortgagee may hid at sale of mortgaged premises as freely and as fully as
any other person, but a sale to him will be scrutinized with care and will be
avoided upon slight evidence of partiality, unfairness or want of the strictest
faith. Heighe v. Evans, 164 Md. 270.

General creditor cannot object to sale of property under mortgage. Hannan
v. Lyddane, 164 Md. 357.

15.

Cited but not construed in Ahrens v. Ijams, 158 Md. 416.

16.

Demurrer to bill to enjoin mortgage sale was sustained for insufficient allega-
tions, but second bill containing additional allegations, sufficient to comply with.


 

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1935 Cumulative Supplement to the Annotated Code of the Public General Laws of Maryland
Volume 378, Page 864   View pdf image (33K)
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