1544 MORTGAGES. [ART. 66
and no mortgage to secure future loans or advances shall be
valid unless the amount or amounts of the same and the times
when they are to be made shall be specifically stated in said
mortgage; this not to apply to mortgages to indemnify the
mortgagee against loss from being endorser or security, nor to
any mortgages given by brewers to maltsters to secure the pay-
ment to the latter of debts contracted by the former for malt
and other material used in the making of malt liquors.
Cole v Albers, 1 Gill, 412. Young's Estate, 3 Md. Ch. 461, Robertson v.
Am Homest. Asso., 10 Md. 397. Wilson v. Russell, 13 Md. 495. Brooks v
Lester, 36 Md 65. Maus v McKellip, 38 Md. 231. Bank of Commerce v.
Lanahan, 45 Md. 396. Laeber v Langhor, 45 Md. 47,7. Appeal Tax Court
of Baltimore City v. Rice, 50 Md. 318. Harrison v Annapolis & Elkridge
R. R. Co., 50 Md. 505. Harris v. Hooper, 50 Md. 549. Robinson v. Consol
Real Estate & Fire Ins. Co.; 55 Md. 110 Brown v. Stewart, 56 Md. 431.
Edelhoff v. Horner-Miller Co., 86 Md. 610. High Grade Brick Co v Amos,
95 Md. 586.
1888, art. 66, sec. 3. 1860, art. 64, sec. 2. 1825, ch. 50. 1882, ch. 471.
3. In Baltimore and Prince George's counties 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; this
not to apply to mortgages to indemnify the mortgagee against,
loss from being endorser or security.
Ibid, sec 4. 1860, art. 64, sec. 3. 1825, ch. 203, sec. 9. 1900, ch 393.
4. Whenever lands or chattels real are sold and conveyed
and a mortgage is given by the purchaser at the same time to
secure the payment of the purchase money, in whole or in
part, such mortgage shall be preferred to any previous judg-
ment or decree for the payment of money which may have
been . obtained against such purchaser, whether the mortgage
is given to the vendor of the property so purchased or to a
third party who advances the purchase money in whole or in
part; provided, such mortgage recite that the sum so secured
is in whole or in part the purchase money of the property pur-
chased; provided, however, that nothing in this section shall
be hold or construed to affect rights existing on April 7, 1900.
Heuisler v. Nickum, 38 Md. 270. Ahern v White, 39 Md. 409. Glenn v.
Clark, 53 Md. 608.
|
|