1668 PLEADINGS, PRACTICE AND PROCESS AT LAW. [ART. 75

premises, or if the same be unimproved vacant property, a
copy of the declaration and summons shall be conspicuously
posted and set up upon the premises and notice of the object
of the suit and of the substance of the declaration shall be
published as the court shall direct, giving notice to the said
defendants to appear to and defend the said action by a day to
be named by the court not less than twenty days from the first
publication of said notice; to this declaration the defendant or
any other person, with leave of the court, may appear and plead
not guilty to the action, which plea shall be held a confession
of the possession and ejectment, and shall only put in issue
the title to the premises and right of possession and the amount
of damages claimed by the plaintiff, but any defendant may
refuse to appear or file a disclaimer of title to the land or any
part thereof, in which case the plaintiff shall recover judgment
against the defendant so disclaiming or refusing to defend for
the land or so much thereof as shall not be defended, but the
costs shall be subject to the discretion of the court, and the
trial shall then proceed against the party making the defense
under the rules and practice of the court as the same existed
prior to the year eighteen hundred and seventy, except
so far as the same are changed by this article, and the plaintiff
shall also recover as damages in this action the mesne profits
and damages sustained by him and caused by the ejectment
and detention of the premises up to the time of the determina-
tion of the case.

Mitchell v. Mitchell, 21 Md. 585. N. C. R. H. Co v." Canton Co., 24 Md.
492. Tongue v. Nutwell, 31 Md. 302. Mears v Remare, 33 Md. 251. Glad-
felter v. Walker, 40 Md. 11. Banks v. Haskie, 45 Md. 207. Mackenzie v.
Renshaw, 55 Md. 298. Hecht v Colquhoun, 57 Md. 563. Johnson v. Hines,
61 Md. 132. Wallis v Wilkinson, 73 Md. 128. Textor v. Shipley, 77 Md.
473. Paisley v. Holzshu, 83 Md. 330. Brooke v. Gregg, 89 Md. 236.

1900, ch. 559, sec. 69A.

72. An outstanding mortgage shall not prevent the real
owner as mortgagor of said property from maintaining an action
of ejectment against any person or persons other than the
mortgagee, or his, her or their assigns.

1888, art. 75, sec 70. 1872, ch. 346, sec. 2.

73. In all cases between landlord and tenant, as. often as it
shall happen that one-half year's rent shall be in arrear and
the landlord or lessor to whom the same is due hath right by
law to re-enter for the non-payment thereof, such landlord or
lessor shall and may, without any formal demand or re-entry,