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The Maryland Code, Public General Laws, 1888
Volume 389, Page 194   View pdf image
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194 CHANCERY—SALES. [ART. 16.

committees, may join in such special case by their guardians, or
committees, in respect to any interest or right represented by
such guardians or committees; and all the parties of such special
case shall sign the same in person or by solicitor, and the appear-
ance of the parties shall be entered to said cose, as to a cause
regularly instituted by formal proceedings; and all the parties to
such special case shall be subject to the jurisdiction of the court
in the same manner as if the plaintiff in the special case had filed
si hill against the parties named as defendants thereto, and such
defendants had appeared to such bill, and by answer admitted
the facts thereof.

Sales.

P. G. L., (1860,) art. 16, sec. 125. 1785 ch. 72, sec. 3. 1876, ch. 827.

187. When any suit is instituted to foreclose a mortgage, the
court may decree that, unless the debt and costs be paid by a day
fixed by the decree, the property mortgaged, or so much thereof
as may be necessary for the satisfaction of said debt and cost,
shall be sold; and such sale shall be for cash, unless the plaintiff
shall consent to a sale on credit; and if upon the sale, under such
decree, of the whole mortgaged property, the net proceeds
thereof, after the costs allowed by the court are satisfied, shall
not suffice to satisfy the mortgage debt and accrued interest, as
this shall be found by the judgment of the court upon the report
of the auditor thereof, the court may, upon the motion of the
plaintiff, enter a decree in, personam, against the mortgagor, or
other party to the suit, who is liable for the payment thereof;
provided, the mortgagee would be entitled to maintain an action
at law upon the covenants contained in said mortgage, for said
residue of the said mortgage debt, so remaining unsatisfied by
the proceeds of such sale; which decree shall have the same
effect as a judgment at law, and may be enforced only in like
manner, by a writ of execution in the nature of a writ of fieri
facias, or otherwise.

Woods v. Fuiton, 2 H & G. 71. David v. Graham, 2 H. & G. 94. Boteler
v. Brooke, 7 G & J. 143. Gibson v. McCormick, 10 G. & J. 65. Andrews v.
Scotton, 2 Bl. 629 McClellan v. Crook, 7 Gill, 341. Reese v. Bank of Balto.,
14 Md 271. Dorsey v. Dorsey, 30 Md. 522. Johnson B. Robertson, 31 Md. 476.
Johnson v. Hambleton, 52 Md. 378. McDonald v. Workingmen's Building
Asso., 60 Md. 589.

 

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The Maryland Code, Public General Laws, 1888
Volume 389, Page 194   View pdf image
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