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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 2626   View pdf image (33K)
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2626 ARTICLE 66

manner and subject to and in accordance with all the provisions and con-
ditions contained in this article relating to sales of mortgaged property;
and all such sales, when confirmed by the court and the purchase money
paid, shall pass to the purchaser or purchasers, thereat all the title which
the vendor or vendors in said deed or instrument of writing had in the
property therein described at the time of the recording thereof, and all the
title the vendor or vendors acquired thereby, and a decree in personam
against the vendee may be entered for the amount of any unsatisfied por-
tion of the purchase money in the same manner as provided for the entry
of such decrees against the mortgagee in cases of mortgage sales.
See sec. 25.

An. Code, 1924, sec. 34. 1912, sec. 34. 1910, ch. 216, sec. 33 (p. 204).

35. It may be provided in such deed or instrument of writing retain-
ing a lien as aforesaid that in cases of sales of property under the preced-
ing sections any notes or other instruments of indebtedness mentioned, in
such deed or other instrument under which the property therein men-
tioned was sold shall be paid and satisfied in full in the order of their
maturity; provided, however, that if any of such notes or instruments of
indebtedness shall have been paid or satisfied, no further proceedings shall
be had in reference thereto or the satisfaction thereof, but the funds arising
from such sales shall be distributed as if said notes already paid or satis-
fied had never been given.

See notes to sec. 32.

An. Code, 1924, sec. 35. 1912, sec. 35. 1910, ch. 216, sec. 34 (p. 204).

36. If such lien be duly released of record after the date of the ma-
turity of the notes, other instruments, or debt therein mentioned, such
notes, other instruments or debts shall be conclusively presumed to have
been paid so far as any lien upon the property or estate mentioned in the
said deed or instrument is concerned.1

See sec. 26 and notes.

An. Code, 1924, sec. 36. 1912, sec. 36. 1910, ch. 216, sec. 35 (p. 204).

37. An assignment or a release of the lien retained by the vendor, as
hereinbefore provided, may be made by the vendor, his assignee or per-
sonal representative, or the personal representatives of his assignee, as
now provided by sections 36 to 43, both inclusive, of article 21 of the
annotated code of public civil laws of Maryland for the short assign-
ment or release of a mortgage; and the clerk at the time of recording every
deed or instrument retaining a lien as aforesaid, shall leave a blank space
at the foot thereof for the purpose of entering such assignments and release.

See art. 21, secs. 31 and 32.

An. Code, 1924, sec. 37. 1912, sec, 37. 1910, ch. 216, sec. 36 (p. 204).

38. The acceptance by the vendor of any guarantee or endorsement,
or collateral, or other security to insure the full payment of any lien ex-
pressly retained as heretofore provided, shall not in any case be construed
as a waiver of such lien; but the vendee, his heirs, personal representatives

1 The word "paid" is omitted from the fourth line of this section as published in the
official copy of acts of 1910, ch. 216, sec. 34 (p. 204). An examination of original act as
passed, however, shows the section as above codified.


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 2626   View pdf image (33K)
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