ART. 16] SALES. 441
petition as originally filed; and said short petition shall be
taken and considered as part of said bill.
1900, ch. 73, sec. 186 B.
201. It shall not be necessary for the answer or any other
pleadings of a corporation to be under the corporate seal.
Sales.
1888, art. 16, sec. 187. 1860, art. 16, sec. 125. 1785, ch. 72. sec. 3.
1876, ch 327.
202. When any suit is instituted to foreclose a mortgage,
the court may decree that, unless the debt and costs be paid
by a day fixed by the decree, the property mortgaged, or so
much thereof as may be necessary for the satisfaction of said
debt and cost, shall be sold; and such sale shall be for cash,
unless the plaintiff shall consent to a sale on credit; and if
upon the sale, under such decree, of the whole mortgaged
property, the net proceeds thereof, after the costs allowed by
the court are satisfied, shall not suffice to satisfy the mortgage
debt and accrued interest, as this shall be found by the judg-
ment of the court upon the report of the auditor thereof, the
court may, upon the motion of the plaintiff, enter a decree in
personam against the mortgagor, or other party to the suit, who
is liable for the payment thereof; provided, the mortgagee
would be entitled to maintain an action at law upon the cove-
nants contained in said mortgage for said residue of the said
mortgage debt so remaining unsatisfied by the proceeds of such
sale; which decree shall have the same effect as a judgment at
law, and may be enforced only in like manner, by a writ of
execution in the nature of a writ of fieri facias, or otherwise.
Woods v. Fulton, 2 H. & G. 71. David v. Graham, 2 H. & G. 94. Boteler
v. Brooks, 7 G. & J. 143. Gibson v. McCormick, 10 G. & J. 65. Andrews v.
Scotton, 2 Bl. 629. McClellan v. Crook, 7 Gill, 341. Reese v. Bank of
Balto., 14 Md. 271. Dorsey v. Dorsey, 30 Md. 522. Johnson v. Robertson,
31 Md. 476. Johnson v. Hambleton, 52 Md. 378. McDonald v. Working-
men's Building Asso., 60 Md. 589. Com. Bldg. Asso v. Robinson, 90 Md.
632. Thomas v. Fewster, 95 Md. 449.
Ibid. sec. 188. 1860, art 16, sec. 126. 1785, ch. 72, sec. 5. 1785,
ch. 78. 1789, ch. 46. 1790, ch 38. 1794, ch 60. 1795, ch. 88, sec. 3.
1818, ch. 193, sec. 2. 1833, ch. 150, sec. 1. 1864, ch. 360.
1890, ch. 320. 1900, ch. 320.
203. Where any person dies, or shall have died, leaving
any real estate in possession, remainder or reversion, and not
|
|