ART. 66] DECREE IN PERSONAM FOR DEFICIENCY. 1551

be named by him or them, or authorizing the mortgagee, his
successors or assigns or any person to be named by him or
them, or when the mortgage contains terms or expressions of
like character or similar import, authorizing a sale, and made
by a person other than the mortgagee, his successors or assigns,
or his or their executors or administrators and by a person
subsequently to default nominated and appointed by the mort-
gagee or his successor or his assigns, or his executors or
administrators or their assigns, by power of attorney as the
person to make said sale by virtue of the authority supposed
to be contained in said mortgage, and by virtue of authority
supposed to be conferred by section 5 of article 64 of the Code
of Public General Laws of 1860, now embodied in section 6
of this article, and which said sale has been duly reported to
the court having jurisdiction in such cases and by said court
after order nisi, and due publication thereof or other proper
legal proceeding finally ratified and confirmed is hereby made
valid and effectual to all intents and purposes as fully as if the
person so making said sale had been named in said mortgage
as the person to make said sale or to execute said power of
sale; and this section shall apply to all cases whether the
person making said sale was named by a mortgagee being a
natural person or by a mortgagee being a body corporate.
Madigan v. Workingmen's P. B. and L. Asso , 73 Md. 321.

1892, ch. 111, sec. 24.

24. If upon the sale of the whole mortgaged property by
virtue of a power of sale contained in the mortgage under the
provisions of this article, the net proceeds thereof, after the
costs and expenses allowed by the court are satisfied, shall not
suffice to pay the mortgage debt and accrued interest as the
same shall be found and determined by the judgment of the
court upon the report of the auditor thereof, the court may,
upon the motion of the plaintiff, the mortgagee or his legal or
equitable assignee, after due notice by summons or otherwise
as the court may direct, enter a decree in personam against the
mortgagor or other party to the suit or proceeding who is
liable for the payment thereof for the amount of such defi-
ciency; provided, the mortgagee or his legal or equitable
assignee would be entitled to maintain an action at law upon
the covenants contained in the mortgage for said residue of
said mortgage debt so remaining unpaid and unsatisfied by
the proceeds of such sale or sales, which decree shall have the