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Revised Code of the Public General Laws, 1879
Volume 388, Page 662   View pdf image (33K)
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662 SALE, LEASE, OR PARTITION OF PROPERTY IN EQUITY. [ART. 66.

Id s 3
1835, c 203, s. 6
For purchase-
money pre-
ferred to previ-
ous judgment
33 Md 270,
39 Md 409

45. Whenever lands are sold and conveyed, and a mortgage is
given by the purchaser at the same time to secure the payment of
the purchase-money, such mortgage shall be preferred to any pre-
vious judgment which may have been obtained against such pur-
chaser.

Id s 4

1847, c 255
Covenants for
payment of
taxes
38 Md. 76,
39 Md 299

46. The mortgagor in any deed of mortgage, in addition to the
usual covenants, may covenant for the payment of all taxes, assess-
ments, public dues, or charges, levied or to be levied by law on the
mortgage debt created or secured by such mortgage.

1878, c 483
Power of sale
in mortgages
23 Md 66, 28
Md 276, 30 Md
567, 31 Md 477,
34 Md 52, 165,
35 Md 220, 351,
37 Md 26, 44
Md 512, 45 Md
396.

47. In all mortgages there may be inserted a clause authorizing
the mortgagee, or any other person to be named therein, to sell the
mortgaged premises, whether lands or goods and chattels, upon such
terras and on such contingencies as may be expressed therein; and
where the interests in any mortgage are held under one or more
assignments, or otherwise, the power of sale therein contained shall
be held divisible, and he or they holding any such interest who shall
first institute proceedings to execute such power shall thereby ac-
quire the exclusive right to sell the mortgaged premises; and any
sale heretofore made and set aside upon the ground that said power
is indivisible, may, by the court that set aside such sale, be reviewed
on the petition of the person who made the same, or any other per-
sons interested therein; and said court may annul its former decree
or order, and thereupon the same proceedings shall be had, and the
said court shall have the same full power as if such sale had not
been set aside; and the said court may confirm such sale or set it
aside for any other sufficient reason than that the aforesaid power
is indivisible, provided there has been no change of title or interest
in the mortgaged premises since such sale.

Art 64, s 6.
1826, c 192, s 2
Bonn by person
making sale
10 Md 168, 15
Md 529, 548, 18
Md 605, 23 Md
66, 13 Md 121,
34 Md 52, 36
Md 29, 38 Md
1, 76, 85, 130, 211,
44 Md 512, 7 G
& J 114.

48. Before any person so authorized shall make any such sale,
he shall give bond to the State in such penalty and with such se-
curity as shall be approved by the judge or clerk of a court of equity
of the city or county in which the mortgaged premises lie, or in case
of goods and chattels, where the same maybe, to abide by and fulfil
any order or decree which shall be made by any court of equity in
relation to the sale of such mortgaged property, or the proceeds
thereof, and such bond shall be and remain as an indemnity to and
for the security of all persons interested in such mortgaged prop-
erty, or the proceeds thereof, and be subject to be sued as other
bonds taken in the name of the State, and subject to the same limi-
tations and disabilities as such other bonds

Id s 7
1825, c 203, s. 4,
1620, c 192, s 1
Notice
9 Md 356, 15
Md 529, 35 Md
220, 44 Md 512,
45 Md 396.

49, In all sales made in pursuance of such authority there shall
be given such notice as may be stated in such mortgage, or if there
be no agreement as to notice, then the party offering the same for
sale shall give twenty days' notice of the time, place, and terms
thereof, by advertisement in some newspaper printed in the county
where the mortgaged premises lie, if there be one so published, and
if not, in a newspaper having a large circulation in said county,



 

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Revised Code of the Public General Laws, 1879
Volume 388, Page 662   View pdf image (33K)
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