MORTGAGES 2621

entitled to sue forth out of the court confirming the same, a writ of posses-
sion against the mortgagor, his heirs, executors or assigns, if the same shall
be in his or their possession, directed to the sheriff of the county or city,
commanding him to put such purchaser into possession of such mortgaged
property, which shall be executed in the same manner as other writs of
possession.

This section applied in Smith v. Pritchett, 168 Md. 347.

Where no exceptions were filed to report of sale under foreclosure of mortgage, and
the sale ratified, the mortgagor cannot, in collateral proceeding by purchaser to obtain
possession of property, attack validity of sale. Watson v. Loan Corp., 176 Md. 41.

An. Code, 1924, sec. 20. 1912, sec. 20. 1904, sec. 20. 1888, sec. 20. 1826, ch. 192, sec. 7.

21. All purchasers under such sale shall have the same rights and
remedies against the tenants of the mortgagor as the mortgagor had, and
the said tenants shall have the same rights and remedies against the pur-
chaser as they would have had against the mortgagor. But no lease made
after the mortgage was made shall be valid as against the purchaser.

A tenant from year to year where tenancy created after premises were mortgaged had
no right of possession against purchaser. Smith v. Pritchett, 168 Md. 347.

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

An. Code, 1924, sec. 21. 1912, sec. 21. 1904, sec. 21. 1888, sec. 20. 1839, ch. 26, sec. 1.

22. On the death of a mortgagee of lands, his interest and estate in
the mortgaged premises together with his right to the debt thereby secured
shall devolve on and vest in his executor or administrator.

Under this section, an executor, becomes by operation of law the assignee of estate
in land, and also of mortgage debt, and may execute power of sale contained in mort-
gage. Harnickell v. Orndorf, 35 Md. 343.

This section referred to in deciding that a mortgage is "property." Alexander v.
Fidelity, etc., Co., 108 Md. 547.

Cited but not construed in Williams v. Safe Dep. & Tr. Co., 167 Md. 504.

An. Code, 1924, sec. 22. 1912, sec. 22. 1904, sec. 22. 1888, sec. 22. 1833, ch. 181, sec. 1.

1839, ch. 26, secs. 2-5.

23. The executor or administrator of any mortgagee, or the assignee,
or the executor or administrator of any assignee of any mortgagee who is
legally and equitably entitled to receive the mortgage debt, or where the
mortgage debt has been paid in the lifetime of the mortgagee, may release
a mortgage in the same manner and by the same means that a mortgagee
can release.

An. Code, 1924, sec. 23. 1912, sec. 23. 1904, sec. 23. 1890, ch. 187, sec. 23.

24. Any and every sale of real estate or personal property heretofore
made between the first day of January eighteen hundred and sixty and
the last day of December eighteen hundred and seventy-eight, under or
so intended and purporting to be a power of sale contained in a mortgage
authorizing the mortgagee, his executors, administrators or assigns or any
person to be named by him or them, or authorizing the mortgagee, his
successors or assigns or any person to be named by him or them, or when
the mortgage contains terms or expressions of like character or similar
import, authorizing a sale, and made by a person other than the mortgagee,
his successors or assigns, or his or their executors or administrators and
by a person subsequently to default nominated and appointed by the mort-
gagee or his successor or his assigns, or his executors or administrators or
their assigns, by power of attorney as the person to make said sale by