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The Maryland Code Public General Laws, 1904
Volume 393, Page 1545   View pdf image (33K)
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ART. 66] POWER OF SALE. 1545

1888, art. 66, sec. 5. 1860, art. 64, sec. 4. 1847, ch. 255. 1898, ch. 275

5. The mortgagor in any deed of mortgage, in addition to
the usual covenants, may covenant for the payment of all
taxes, assessments, public dues or charges levied or to be
levied by law on the mortgage debt created or secured by such
mortgage. This section not to apply to mortgages executed
after March 30, 1896.

Warfield v. Dorsey, 39 Md. 299. Appeal Tax Court v. Rice, 60 Md. 318.
Appeal Tax Court v. Gill, 50 Md. 384.

Ibid. sec. 6. 1860, art. 64, sec. 5. 1785, ch. 72. 1825, ch. 203, sec. 5.
1833, ch. 181, see. 2. 1836, oh. 249, sec. 1. 1878, ch. 483.

6. In all mortgages there may be inserted a clause authoriz-
ing the mortgagee or any other person to be named therein to
sell the mortgaged premises, whether lands or goods and
chattels, upon such terms and on such contingencies as may
be expressed therein, and where the interests in any mortgage
are held under one or more assignments, or otherwise, the
power of sale therein contained shall be held divisible, and he
or they holding any such interest who shall first institute pro-
ceedings to execute such power shall thereby acquire the exclu-
sive right to sell the mortgaged premises; and any sale made
and set aside upon the ground that said power is indivisible
may, by the court that set aside such sale, be reviewed on the
petition of the person who made the same, or any other person
interested therein, and said court may annul its former decree
or order, and thereupon the same proceedings shall be
had and the said court shall have the same full power as if
such sale had not been set aside, and the said court may con-
firm such sale or set it aside for any other sufficient reason than
that the aforesaid power is indivisible; provided, there has
been no change of title or interest in the mortgaged premises
since such sale.

Salmon v. Claget, 5 G. & J. 314 Ibid., 3 Bl. 125. Rose v Bevan, 10
Md. 466. Triebert v Burgess, 11 Md 463. Parson v. Hughes, 12 Md. 1.
State v. North. Centr. Railway Co , 18 Md. 193. Hubbard v. Jarrell, 23 Md.
66 Berry v. Skinner, 30 Md. 567. Harnickle v. Orndorff, 35 Md. 351.
Warehime v. Carroll Co. Build. Asso., 44 Md. 512. Bank of Commerce v.
Lanahan, 45 Md. 396. Frostburg Mutual Building Asso. v. Lowdermilk
50 Md. 178. Harrison v Annapolis & Elkridge R. R. Co , 50 Md 514.
Webb v. Haeffer, 53 Md. 190 Queen City Perp. Build. Asso. v. Price, 53
Md. 399. Mackubin v. Boarman, 54 Md. 385. Ensor v. Lewis, 64 Md. 397.
Condon v Maynard, 71 Md. 601 Madigan v. Workingmen's B Ass., 73 Md.
317 Western Md. R. R. Land Co v Goodwm, 77 Md. 277. Barrick v.
Horner, 78 Md. 256. Johnson v. Glenn, 80 Md. 370. Helder v. Bladen, 83
Md. 243. Richardson v. Owings, 86 Md. 667. Maslin v. Marshall, 94 Md. 484.


 

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The Maryland Code Public General Laws, 1904
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