664 SALE, LEASE, OR PARTITION OF PROPERTY IN EQUITY. [ART. 66.
 
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after the time of recording such mortgage, nor unless such party
shall, on oath, allege that the mortgage debt, and all interest due
thereon, has been fully paid, or that some part of such debt or in-
terest, the amount of which he shall state, has been paid, and that
the mortgagee, or person acting under him, refuses to give credit
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Fraud
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for such amount, or that some fraud, which shall be particularly stated
in the bill or petition for injunction, was used by such mortgagee,
or with his knowledge, in obtaining the mortgage.
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Id s 16
1826, c 192, s 8
Hearing of mo-
tion to dissolve
injunction.
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58. If any such injunction shall be granted, the court, or judge,
granting the same, shall have power, on proof of ten days' notice to
the complainant, to hear and decide on a motion to dissolve such in-.
junction; and. on hearing any such motion, if the court, or judge,
shall be satisfied that the same was obtained through misrepresenta-
tion and for delay, the court, or judge, shall decree that the party
who obtained the same shall pay interest to the mortgagee, or to the
party claiming under him, at the late of ten per cent, per annum on
the amount of the mortgage debt, from the time of granting the
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Penalty
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injunction until the same shall be dissolved, and shall enforce the
execution of such decree as in other cases.
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Id s 17.
1826 c 192, s 6
Bond to be
taken before
injunction
granted
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59. Before granting any such injunction, the court, or judge,
granting the same shall require the complainant, or some person on
his behalf, with at least two good securities, to be approved by said
judge or clerk, to execute to the mortgagee, or person claiming or act-
ing under him, and file in court, a bond in such penalty as the court,
or judge, shall prescribe, conditioned to obey, abide by, perform, and
fulfil such decree and order as shall be made in the premises, upon
which bond the mortgagee, or his assigns, shall be entitled to re-
cover all such debt, damages, interest, and costs, as shall be decreed
on dissolving the injunction
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Id s 18
1826, c 192, s 6
Writ of posses-
sion by pur-
chaser
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60. The purchaser of any estate or interest in lands and tene-
ments sold under this article relating to mortgages, on the confirma-
tion of the sale to him, shall be entitled to sue forth, out of the court
confirming the same, a writ of possession against the mortgagor, his
heirs, executors, or assigns, if the same shall be in his or their pos-
session, directed to the sheriff of the county or city, commanding him
to put such purchaser into possession of such mortgaged property,
which shall be executed in the same manner as other writs of pos-
session
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Id s 19
1826, c 192, s 7
Bights of pur-
chasers and
tenants of mort-
gagor
Leases subse-
quent to mort-
gage invalid
as against pur-
chaser
Id s 20
1839, c 26, s 1
Interest of
mortgagee
vested in his
personal rep-
resentatives
35 Md 551.
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6 2. All purchasers under such sale shall have the same rights and
remedies against the tenants of the mortgagor as the mortgagor
had, and the said tenants shall have the same rights and remedies
against the purchaser as they would have had against the mortgagor
But no lease made after the mortgage was made shall be valid as
against the purchaser.
6 2. On the death of a mortgagee of lands, his interest and es-
tate in the mortgaged premises, together with his right to the debt
thereby secured, shall devolve on and vest in his executor or admin-
istrator.
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