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Revised Code of the Public General Laws, 1879
Volume 388, Page 663   View pdf image (33K)
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ART. 66. ] SALE, LEASE, OR PARTITION OF PROPERTY IN EQUITY. 663

and also by advertisement set up at the court-house door of said
county.

 

50. All such sales shall be reported under oath to the court hav-
ing chancery jurisdiction where the sale is made, and there shall be
the same proceedings on such report as if the same were made by
a trustee under a decree of said court, and the court shall have full
power to hear and determine any objections which may be filed
against such sale by any person interested in the property, and may
confirm or set aside said sale.

Id s 8
1825, c 203, s 5;
1826, c 192, s 3.
Report of sale.
14 Md 69, 15
Md 541, 23 Md.
66, 30 Md 367,
35 Md 220, 341,
17 Md 458, 38
Md 85, 39 Md
2S9, 44 Md 512.

51. If such sale be set aside by the court, a resale may be or-
dered to be made by the party who made the previous sale, or the
court may, if justice requires it, appoint a trustee to sell the same.

Id B 9
1826, c. 192, s 5.
Resale

Trustee

52. All such sales, when confirmed by the court and the pur-
chase-money is paid, shall pass all the title which the mortgagor had
in the said mortgaged premises at the time of the recording of the
mortgage.

Id s 10
1826, c 192, s 4
Title of mort-
gagor to pass by
such sale when
confirmed, etc
38 Md 85,

53. Upon a sale of such mortgaged premises, any person claim-
ing an interest in the equity of redemption may apply to the court
confirming the sale to have the surplus of the proceeds of sale, after
payment to the mortgagee of his claim and expenses, paid over to
such person, or so much thereof as will satisfy his claim, and the
court shall distribute such surplus equitably among the claimants
thereto.

47 Md 504.
Id B 11
1826, c 192, s 5,
1836. c 249, s 8
Surplus distrib-
uted by court
47 Md 504

54. After said sale has been confirmed by the court and the pur-
chase-money paid, the persons making such sale shall convey the
property to the purchaser, or if the vendor and purchaser be the same
person, the court confirming the sale shall, in its order of ratifica-
tion, appoint a trustee to convey the property to the purchaser, on
the payment of the purchase-money; provided, however, that said

1874, c 460
Where vendor
anil purchaser
the same, trus-
tee to be ap-
pointed to
execute deed.

trustees shall not give a bond, unless the court shall deem it neces-
sary, and prescribe the same in the decree.

Bond

55. No title to mortgaged premises derived from any sale made
in virtue of such power and confirmed as aforesaid, shall be ques-
tioned, impeached, or defeated, either at law or in equity, by reason
that the mortgaged premises were purchased in by the mortgagee
or his assignee, or his legal representatives, or for his benefit or ac-
count.

Art 64, s 13
1825, c 203, s 8.
In purchase by
mortgagee his
title not to be
impeached by
reason thereof
27 Md 90,
30 Md 536.

56. All mortgage sales shall be made in the county or city where
the mortgaged premises are situated, and where the mortgaged prem-
ises described in any mortgage are situated in more than one county,
the sale may be made in either of the counties in which the lands
are situated.

Id s 14
1825, s 14
1825, c 203, s 10
Where mortgage
sales to be made.
45 Md 396

57. No injunction shall be granted to stay any sale or any pro-
ceedings after any sale of mortgaged premises under this article,
unless the party praying such injunction shall be also a party to the
deed of mortgage in virtue of which the property sold or offered for
sale shall have been mortgaged, or shall claim under such party a
right to interest in such mortgaged premises, derived and accruing

H s 15
1826, c 192, s. 8,
1836, c 249, s 16
When injunc-
tion to stay sale
maybe granted.
14 Md 69,
38 Md 1, 75, 85.



 

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Revised Code of the Public General Laws, 1879
Volume 388, Page 663   View pdf image (33K)
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