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The Maryland Code Public General Laws, 1904
Volume 393, Page 1316   View pdf image (33K)
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1316 INSOLVENTS. [ART. 47

1888, art. 47, sec. 25 1880, ch. 172, sec. 26. 1888, ch. 275. 1892, ch. 658.

25. If any real estate, chattel, real or personal property of
the insolvent shall have been decreed to be sold by virtue of
any decree of any court of equity for the enforcement of a
mortgage, or if there be a power of sale, or a consent to a
decree for a sale contained in any mortgage, or bill of sale of
real estate, chattels, real or personal property of the insolvent,
as the case may be, the filing of the petition in insolvency,
either by or against the insolvent, as hereinbefore provided,
and the subsequent proceedings in insolvency on such petition
shall not disturb, defeat or impair the right of the mortgagee
to apply for a decree, or of the trustee named in the decree, or
the mortgagee, or bargainee, or his assignee, or person author-
ized in the mortgage or bill of sale to make sale to proceed
with such sale, or to execute the power of sale contained in
said decree, mortgage, or bill of sale, unless the right, or power
or consent to decree shall be waived in writing by the mort-
gagee or his proper representatives, and in all such cases, in
the absence of waiver of right by the mortgagee or his proper
representatives, as hereinbefore provided, the trustee in insol-
vency shall only be authorized to sell the equity of redemption
of the insolvent in all such property by decree, mortgage or
bill of sale as aforesaid.

Alexander v Ghiselin, 5 Gill, 180. Carter v Dennison, 7 Gill, 170. Gray
v. Lynch, 8 Gill, 426. Powles v. DiUey, 9 Gill, 240. Pierson v Trail, 1 Md.
143 Glenn v. Gill, 2 Md. 18. Evans v. Sprigg, 2 Md. 457 Wiles v. Wiles,
3 Md. 10. Manahan v. Sammon, 3 Md. 463. Poe v. Duck, 5 Md. 1 Esch-
bach v. Pitts, 6 Md. 75 Jamison v Chestnut, 8 Md. 34. Purviance v.
Glenn, 8 Md. 206. Zeigler v. King, 9 Md. 335 White v. Malcolm, 15 Md.
529. Waters' Lessee v. Riggin, 19 Md. 516. Berry v. Skinner, 30 Md. 567.
Dill v. Satterfleld, 34 Md 62. Harnickell v. Orndorff, 35 Md. 341. Brown
v. Hazlehurst, 54 Md. 26. Mackubbin v. Boarman, 54 Md. 384. Ensor v.
Lewis, 54 Md. 397. Abell v Brown, 55 Md 217 Gable v. Scott, 56 Md 181.
McHenry v. McVeigh, 56 Md. 578. Ensor v. Keech, 64 Md. 378

Ibid. sec. 26. 1880, ch. 172, sec. 27.

26. It shall be the duty of the sevural clerks of the courts
of this State, wherein any proceedings in insolvency may be
pending under any of the provisions of this article, to have
and keep a book to be called "insolvent record," in addition
to the book in which he may keep docket entries of said pro-
ceedings, in which book of "insolvent record," whenever any
real estate shall have been sold by said trustee, the said clerk
shall record the petition of insolvent or creditors, as the case
may be, all conveyances relating to said insolvent estate, to


 

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The Maryland Code Public General Laws, 1904
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