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The Maryland Code, Public General Laws, 1888
Volume 389, Page 1018   View pdf image
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1018 MORTGAGES—INJUNCTION. [ART. 66.

state, has been paid, and that the mortgagee or person acting
under him refuses to give credit 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.

Gayle v. Fattle, 14 Md. 69. Powell v. Hopkins, 38 Md. 1. Walker v.Cockey,
38 Md. 75. Warfield v. Ross, 38 Md. 85. Gantt v. Grindall, 49 Md. 313.
Abrahams v. Tappe, 60 Md. 318.

P. G. L., (1860,) art. 64, sec. 16. 1826, ch. 192, sec. 8.

17. 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 plaintiff, to hear and decide on a motion to dissolve
such injunction; and on hearing any such motion, if the court or
judge shall feel satisfied that the same was obtained through
misrepresentation 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 rate of ten
per cent, per annum on the amount of the mortgage debt from
the time of granting the injunction until the same shall be dis-
solved, and shall enforce the execution of such decree as in
Other cases.

Ibid. sec. 17. 1826, ch. 192, sec. 8.

18. Before granting any such injunction, the court or judge
granting the same shall require the plaintiff, 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 claim-
ing or acting 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 recover all such debt, damages, interest and costs as,
shall be decreed on dissolving the injunction.

Ibid. sec. 18. 1826, ch. 192, sec. 6.

19. The purchaser of any estate or interest in lands and tene-
ments sold under this article, on the confirmation 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,

 

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The Maryland Code, Public General Laws, 1888
Volume 389, Page 1018   View pdf image
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