ART. 66] DEFEASANCE——ADVANCE MORTGAGES. 1543

21. Death of mortgagee. 22. Release by executor, adminis- trator or assignee. 23 Certain mortgage sales made valid. 24 When court may enter deciee in personam for deficiency on mortgage sale; proviso. 25. Presumption of ownership and of payment, in cases of prom- issory notes and other instru- ments and debts secured by

mortgage in favor of holder of record title. 26. Annual crops of debtor not to pass with mortgage. 27. Agreement for rental of said crops; appointment of ap- praisers by court 28. Right to distrain for rental; pro- visos. 29. Defective mortgages and assign- ments of mortgages prior to March 15, 1904, made valid.

1888, art. 66. sec. 1. 1860, art 64, sec. 1. 1825, ch. 203, sec. 2.

1. Every deed conveying real estate or chattels, which by
any other instrument or writing shall appear to have been
intended only as a security in the nature of a mortgage, though
it be an absolute conveyance in terms, shall be considered as
a mortgage, and the person for whose benefit such deed shall
be made shall not have any benefit or advantage from the
recording thereof, unless every instrument and writing operating
as a defeasance of the same, or explanatory of its being designed
to have the effect only of a mortgage or conditional deed, be
also therewith recorded.

Brodgen v. Walker, 2 H. & J 285. Bend v. Susq. B Co , 6 H & J. 128.
Watkins v. Stockett, 6 H. & J 435. Hicks v. Hicks, 5 G. & J. 75 Dough-
erty v McColgan, 6 G. & J. 275 Pocock v. Hendricks, 8 G. & J 421.
Henderson v. Mayhew, 2 Gill, 393 Chase's Case, 1 Bl. 206. Bank of
Westminster v. Whyte, 1 Md. Ch. 538. Thompson v Banks, 2 Md. Ch. 430.
Davis v. Banks, 3 Md. Ch. 138. Ing v. Brown, 3 Md. Ch. 521. Campbell v.
Lowe, 9 Md 508 Farrell v. Bean, 10 Md. 217 Timms v. Shannon, 19 Md.
297 Waters' Lessee v. Riggin, 19 Md 536. Owens v. Miller, 29 Md. 144.

Harrison v. Morton, 87 Md. 674

Ibid, sec 2. 1860, art. 64, sec. 2. 1825, ch. 50. 1872, ch. 213 1882, ch. 471.

2. No mortgage or deed in the nature of a mortgage shall
be a lien or charge on any estate or property for any other or
different principal sum or sums of money than the principal
sum or sums that shall appear on the face of such mortgage
and be specified and recited therein, and particularly mentioned
and expressed to be secured thereby at the time of executing
the same; and no mortgage or deed in the nature of a mort-
gage shall be a lien or charge for any sum or sums of money
to be loaned or advanced after the same is executed, except
from the time said loan or advance shall be actually made;