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The Maryland Code, Public General Laws, 1888
Volume 389, Page 1014   View pdf image
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1014 MORTGAGES—TAXES—SALES. [ART. 66,

P. G L., (1860,) art. 64, sec. 3. 1825, ch. 203, sec. 9.

4. 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
previous judgment which may have been obtained against such
purchaser.

Heuisler v. Nickum, 38 Md. 270. Ahern v. White, 39 Md. 409. Glenn v.
Clark, 53 Md. 608.

Ibid. sec. 4. 1847, ch. 255.

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

Warfield v.Dorsey, 39 Md. 299 Appeal Tax Court B. Rice, 50 Md. 318.
Appeal Tax Court v. Gill, 50 Md. 384.

Ibid sec. 5. 1785, ch. 72. 1825, ch. 203, sec. 5 1833, ch. 181, sec. 2. 1836,
ch. 249, sec. 1. 1878, ch. 483.

6. 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 terms 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 acquire the exclusive right to sell the mort-
gaged premises; and any sale 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 person interested therein; and said
court may annul its former degree 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.

Salmon v. Clagett, 5 G. & J 314. Ibid , 1 Bl. 125. Ross v. Bevans, 10 Md.
466. Tnebert v. Burgess, 11 Md. 463. Parson v. Hughes, 12 Md. 1. State v.

 

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The Maryland Code, Public General Laws, 1888
Volume 389, Page 1014   View pdf image
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