MORTGAGES 2613

of equity. Cockey v. Cole, 28 Md. 282; Warehime v. Carroll County Bldg. Assn., 44
Md. 517. Cf. Warfield v. Ross, 38 Md. 90.

In sales under this section, the trust commences with filing of bond under sec. 8,
and jurisdiction of court becomes complete on report of sale under sec. 10. Warehime
v. Carroll County Bldg. Assn., 44 Md. 516. And see Wilson v. Watts, 9 Md. 459;
Warfield v. Dorsey, 39 Md. 308.

Sales under this section when brought within control of a court of equity are gov-
erned by same rules as other sales in equity. Gaither v. Tolson, 84 Md. 641; Warfield
v. Dorsey, 39 Md. 302. And see Albert v. Hamilton, 76 Md. 308.

In view of nature of proceedings provided for by this and following sections, and
particularly of sec. 13, subsequent encumbrances need not be made parties. Chilton v.
Brooks, 71 Md. 448.

Courts apply the rules more strictly to sales made under this section than to sales
made under a decree in equity. Chilton v. Brooks, 69 Md. 587.

Designation of person to exercise power.

The party who is to exercise power must be specifically named; mere reference to
such party as solicitor of mortagee is not sufficient. Madigan v. Workingmen's Bldg.
Assn., 73 Md. 320; Frostburg Bldg. Assn. v. Lowdermilk, 50 Md. 179; Queen City Bldg.
Assn. v. Price, 53 Md. 400; Chilton v. Brooks, 71 Md. 450.

The designation in mortgage of a man's executors by the word "executors" is not
such a naming as will authorize executors to sell under this section. If, however,
mortgagee is given a power of sale by mortgage, his executor becomes his assignee in
law, and as such may exercise the power. Barrick v. Horner, 78 Md. 256; Harnickell v.
Orndorf, 35 Md. 343.

Where a sale is made by a party in distinct reference to a power expressly and law-
fully conferred upon him by mortgage, the sale is valid, although capacity in which
party acted was not correctly stated. Barroll v. Benton, 121 Md. 177.

Generally.

Where suit is entered in state court, to foreclose mortgage before petition in bank-
ruptcy against mortgagor is filed, foreclosure case may be prosecuted without inter-
ference 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 mortgage.
Owens v. Graetzel, 146 Md. 364.

Power of sale is a power coupled with an interest, appurtenant to the estate, and
hence passes to assignees of mortgagee (at law or in fact). Power of sale is not affected
by death or lunacy of mortgagor. The fact that a first assignee is incapable of exer-
cising power of sale does not prevent a second assignee from exercising it. Maslin v.
Marshall, 94 Md. 484; Johnson v. Glenn, 80 Md. 370; Barrick v. Horner, 78 Md. 255;
Western Maryland, etc., Co, v. Goodwin, 77 Md. 278; Chilton v. Brooks, 71 Md. 450;
Bouldin v. Reynolds, 58 Md. 495; Mackubin v. Boarman, 54 Md. 384; Harnickell v.
Orndorff, 35 Md. 342; Dill v. Satterfield, 34 Md. 53; Berry v: Skinner, 30 Md. 573. And
see Erb v. Grimes, 94 Md. 108; Barroll v. Benton, 121 Md. 177.

Language "terms and contingencies" as used in this section does not include place
of sale—meaning of such words. Where clause in mortgage giving power of sale directs
that place of sale be outside county where mortgaged premises are situated, there is
no valid power of sale. Webb v. Haeffer, 53 Md. 190.

The only pre-requisite of a sale under this section is that prescribed by sec. 8. Sale
will not be set aside because mortgage notes were not filed, no application having been
made for that purpose and the indebtedness, and their ownership, not being denied.
Heider v. Bladen, 83 Md. 244. And see Haskie v. James, 75 Md. 572.

If a mortgagee is given a power of sale by mortgage, his executor becomes his as-
signee in law, and as such may exercise the power. Barrick v. Horner, 78 Md. 256;
Harnickell v. Orndorff, 35 Md. 343.

Where a mortgage merely provides that "all expenses incident to such sale are to
be paid," neither mortgagee nor his assignee is entitled to commissions; contra, as
to expenses incident to sale. Johnson v. Glenn, 80 Md. 370.

A sale under this section is not within the fourth section of the statute of frauds.
Gaither v. Tolson, 84 Md. 641; Warfield v. Dorsey, 39 Md. 302.

A power of sale held not to be upon terms provided in this section, and that pro-
ceedings in connection with sale did not comply with following sections. Korns v.
Shaffer, 27 Md. 90. And see Madore v. Thompson, 155 Md. 676. (See also notes to
art. 81, sec. 150.

This section and secs. 12 and 13 held to define extent of title to be sold under a
power in a second mortgage and to protect rights of subsequent lienors; no occasion
for bill for foreclosure. When second mortgagee may foreclose. Strohmeyer v. Remson,
135 Md. 443.

A deed held not to be a technical mortgage within contemplation of this section.
Bank of Commerce v. Lanahan, 45 Md. 407. And see Harrison v. Annapolis, etc., R. R.
Co., 50 Md. 514.