MORTGAGES 2625

exist, or any mortgage or assignment of mortgage defectively sworn to or
not sworn to at all, shall be and they are hereby made valid to all intents
and purposes, as if said mortgage or assignment of mortgage had been in
such matters in full conformity with the law in force at the time of such
execution. Provided, that any such mortgage or assignment of mortgage
is in other respects legal and valid; and provided further, that nothing
in the Act of 1918, Chapter 396, shall affect the rights of any bona fide
purchaser or creditor without notice, who becomes so prior to April 10,

1918.
This section is substantially the same as art. 21, sec. 107.

Vendor's Lien.

An. Code, 1924, sec. 31. 1912, sec. 31. 1910, ch. 216, sec. 30 (p. 203).

32. When any real or personal estate or property shall be hereafter
transferred or conveyed, and the purchase money, or any part thereof,
shall remain unpaid at the time of the transfer or conveyance, the vendor
shall not thereby have a lien or charge on the same for any other or dif-
ferent sum or sums of money than the sum or sums that shall appear to be
due on the face of the deed or instrument conveying the same, and be
therein, together with the time or times set for the payment thereof, speci-
fied and recited; provided, however, nothing herein contained shall be
construed to affect in any way any mortgage given by a purchaser or pur-
chasers to secure the payment of all or any part or parts of the purchase
money, or in any way affect or postpone the lien of any landlord upon
goods or chattels for the satisfaction or security of rent due or accruing.

This section referred to in determining landlord's rights under Statutes 8 Anne,
ch. 14, as against attachment of goods of tenant. Termination of tenancy by surrender
of leasehold. Violation of art. 83, sec. 97, et seq., in sale by tenant to landlord in payment
of rent. Landlord entitled to participate pari passu. Calvert Bldg. Co. v. Winakur, 154
Md. 527.

Vendor must expressly and specifically retain lien for any unpaid part of purchase
money and amount should appear upon face of deed, otherwise lien lost. Fraud; con-
structive trust. Morris v. Rasst, 145 Md. 29.

This section referred to in construing art. 26, sec. 20. Messinger v. Eckenrode, 162
Md. 66.

If a mortgage is insufficient in its execution and recording, such recording is not
notice to creditors of vendor's lien. Davis v. Harlow, 130 Md. 166.

As to purchase money mortgages, see sec. 4.

As to the enforcement of vendors' liens in equity, see art. 16, sec. 247.

See sec. 2 and notes and art. 83, sec. 12.

An. Code, 1924, sec. 32. 1912, sec. 32. 1910, ch. 216, sec. 31 (p. 203).

33. In all deeds or other instruments of writing retaining a lien or
charge upon the estate or property thereby conveyed, as provided in the
preceding section of this article, there may be inserted a clause authoriz-
ing the vendor, his personal representatives or assigns, or any other person
to be named therein, to sell the property or estate upon such terms and
on such contingencies as may be expressed therein; and where interests
in any lien so retained are held under one or more assignments or other-
wise, the power of sale shall be held divisible, and he or they holding any
such interest who shall first institute proceedings to execute such power
shall thereby acquire the exclusive right to sell such property or estate.
See sec. 6, et seq., and notes.

An. Code, 1924, sec. 33. 1912, sec. 33. 1910, ch. 216, sec. 32 (p. 204).

34. All sales made in pursuance of such authority shall be made, re-
ported and confirmed, and the purchase money distributed in the same