1012 MORTGAGES. [ART. 66-

ARTICLE LXVI.

MORTGAGES.

1. Deed absolute on its face to be considered a mortgage, if there be a defeasance in writing; de- feasance must be recorded, ef- fect of failure to record it. 2 Sums to appear in face of mort- gage, mortgages to secure future advances, mortgages to indem- nify security, and from brewers to maltsters 3. In Baltimore and Prince George's counties. 4. Mortgage to secure purchase- money. 5. Covenant to pay taxes. 6 Powers of sale; sale under. 7. Bond. 8. Publication of notice. 9. Report to court, powers of court. 10. Resale.

11 If confirmed, pass title. 12 Distribution by court of surplus proceeds. 13 Conveyance to purchaser; trustee to convey, bond. 14 Premises may be bought in by mortgagee. 15. Where sales to be made. 16 Injunction to stay proceedings. 17. Motion to dissolve injunction. 18 Bond. 19. Purchaser may have writ of pos- session. 20 Purchaser and tenants. 21. Death of mortgagee. 22 Release by executor, administrator or assignee.

P. G. L., (1860,) art. 64, sec. 1. 1825, ch 203, sec. 2.

1. Every deed conveying real estate or chattels, which by any
other instrument or writing shall appear to have been intended
only as a security in the nature of a mortgage, though it be an
absolute conveyance in terms, shall be considered as a mortgage,
and the person for whose benefit such deed shall be made shall
not have any benefit or advantage from the recording thereof,
unless every instrument and writing operating as a defeasance of
the same, or explanatory of its being designed to have the effect
only of a mortgage or conditional deed, be also therewith re-
corded.

Brogden v. Walker, 2 H. & J. 285. Bend v. Susq B. Co , 6 H. & J. 128.
Watkins v. Stockett, 6 H. & J. 435. Hicks v. Hieks, 5 G & J. 75. Dougherty
v. McColgan, 6 G. & J. 275. Pocock v. Hendricks, 8 G & J. 421. Henderson
v. Mayhew, 2 Gill, 393. Chase's Case, 1 Bl. 206. Bank of Westminister v.