ART. 4.] MORTGAGES. 503
chargeable upon said property, or the mortgagors, their heirs,
executors, administrators or assigns, but shall be wholly charge-
able against the persons at whose instance or for whose benefit
the said sales shall have been proposed to be made.
P. L. L, (1860,) art. 4, sec. 788.
698. The clerk of said court shall file and record the said
decrees, and docket the cases of the application therefor; and in
the said decree, and to be recorded therewith, shall file a copy
of the mortgage upon which the same was rendered, and shall
be entitled to the usual fees for such services.
Ibid. sec. 789.
699. Any entry on the docket of said court by the person
entitled to assign the said mortgage claim, of the use and benefit
of said decrees, shall have the same effect as assignments and con-
veyances of the said mortgage interests, to have effect and pre-
cedence from the time of their respective entries; and the said
entries shall not be made without an order or direction in
writing, to be acknowledged before the judge of said court, or
a justice of the peace, by the persons purporting to sign the
same, and filed and recorded by said clerk.
Ibid. sec. 790.
700. The duly authorized entries upon the docket of said
court, of the satisfaction of said decrees, and the discharge of said
mortgage claims, made by the persons entitled to receive said
claims, shall have the same effect to discharge the mortgaged
property of said mortgagor, and all liens thereunder, as any con-
veyances by the parties interested in such claims, and the holders
of the legal estate and interest therein, if competent to convey,
could have at law or in equity; but such entries shall not be
made without an order or direction in writing, acknowledged by
the persons purporting to have signed the same, before the judge
of said court, or a justice of the peace, and filed by the clerk of
said court; and the entries shall refer to such orders or directions,
and the names of the persons aforesaid; and said order and direc-
tions shall be recorded in said court with said decrees.
|
 |