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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 630   View pdf image (33K)
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630 ARTICLE 16

by the court, and be paid out of said property or such part thereof as the
court shall determine ought to bear the same.

An. Code, 1924, sec. 228. 1912, sec. 213. 1906, ch. 373.

237. Sections 231, 235 and 236 shall not be interpreted as a repeal
or construction of existing law, or of the jurisdiction and powers of courts
of equity, and the remedy hereby provided is intended to be additional to
and not in substitution for any other existing remedy.

An. Code, 1924, sec. 229. 1912, sec. 214. ' 1908, ch. 69.

238. Nothing in sections. 231, 235, 236 and 237 of this article, shall
in any manner affect the rights of any person or persons who may have
become entitled to property in the hands of any trustee, executor, adminis-
trator, receiver or other fiduciary prior to the third day of April, 1906,
being the day of the passage of said sections, and who prior to said third
day of April, 1906, shall have filed in any court of competent jurisdiction
any bill or petition for the transfer, delivery or distribution property so in
hands of any such fiduciary.

An. Code, 1924, sec. 230. 1912, sec. 215. 1904, sec. 201. 1900, ch. 73, sec. 186B.

239. It shall not be necessary for the answer or any other pleadings of
a corporation to be under the corporate seal.

An. Code, 1924, sec. 231. 1912, sec. 216. 1908, ch. 661.

240. Whenever in any proceeding in a court of equity a decree for the
payment of costs or any other decree for the payment of money is made by
the court against a plaintiff, the clerk shall forthwith index the name of
such plaintiff in a separate index, to be known as Index of Plaintiffs, and
no lien under such decree shall arise against the real or leasehold property
of such plaintiff, and no right of execution on such decree shall accrue until
the name of such plaintiff is so indexed.

This section applies only to decrees against plaintiffs passed by courts of original
jurisdiction; it has no application where the decree for costs is rendered in the court
of appeals. Marshall v. Marshall, 124 Md. 261.

As to decrees between co-defendants, see sec. 204. '

Sales.

An. Code, 1924, sec. 232. 1912, sec. 217. 1904, sec. 202. 1888, sec. 187. 1785, ch. 72, sec. 3.

1876, ch. 327. 1939, ch. 507.

241. When any suit is instituted to foreclose a mortgage, the court
may decree that, unless the debt and costs be paid by a day. fixed by. the
decree, the property mortgaged, or so much thereof as may be necessary
for the satisfaction of said debt and cost, shall be sold; and such sale shall
be for cash, unless the plaintiff shall consent to a sale on credit; and if
upon the sale, under such decree, of the whole mortgaged property, the
net proceeds thereof, after the costs allowed by the court are satisfied, shall
not suffice to satisfy the mortgage debt and accrued interest, as this shall
be found by the judgment of the court upon the report of the auditor
thereof, the court may, upon the motion of the plaintiff, provided said
motion is made within three years after final ratification by the court of the
auditor's report and account in regard to the mortgage sale filed therein
following the mortgage sale, enter a decree in personam against the mort-
gagor, or other party to the suit, who is liable for the payment thereof;


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 630   View pdf image (33K)
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