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The Maryland Code Public General Laws, 1904
Volume 393, Page 513   View pdf image (33K)
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ART. 21] RELEASE OF MORTGAGES. 513

the following oath or affirmation, to wit: " that the assignee
has not required the mortgagor, his agent or attorney, or any
person for the said mortgagor, to pay the tax levied upon the
interest covenanted to be paid in advance, nor will he require
any tax levied thereon to be paid by the mortgagor or any per-
son for him during the existence of this mortgage." This oath
or affirmation may be made by any agent or attorney of the
assignee, who shall, in addition thereto, make oath or affirma.-
tion that he is the agent or attorney of the assignee, and said
oath or affirmation shall be recorded with the assignment.

Lester v. Hardesty, 29 Md. 50. Gelston v. Thompson, 29 Md. 596. C. C.
& I. Co. v. Parrish, 42 Md. 614.

1888, art. 21, sec. 34. 1860, art. 24, sec. 33. 1856, ch. 154, sec. 118.

34. A release of a mortgage may be made in the following
form, or to the like effect;

"I hereby release the above (or within) mortgage.
" Witness my hand and seal this —— day of ——.

[SEAL.]"
Morrill v. Gelston, 34 Md. 413. Brown v. Stewart, 56 Md. 432.

Ibid. sec. 35. 1860, art. 24, sec. 34. 1856, ch. 154, sec. 119.

35. Such release may be written by the mortgagee, or his
assignee, upon the record in the office where the mortgage is
recorded, and attested by the clerk of the court; and the clerk,
at the time of recording every mortgage, shall leave a blank
space at the foot thereof for the purpose of entering such
release.
Ibid. Lowe v. Convention, 83 Md. 414.

Ibid, sec. 36. 1860, art. 24, sec. 35. 1856, ch. 154, sec. 120.

36. Or, such a release may be endorsed on the original
mortgage by the mortgagee or his assignee; and upon such
mortgage, with the release thereon endorsed, being filed in the
office in which the mortgage is recorded, the clerk shall record
such release at the foot of the mortgage.
Ibid.

Ibid. sec. 37. 1860, art. 24, sec. 36. 1856, ch. 154, sec. 121. 1900, ch. 542.

37. When the mortgage, with the release thereon, is filed for
the purpose of recording the release, the clerk shall retain such
mortgage in his office and not permit the same to be again
withdrawn; provided, however, that if the release is partial in

33


 

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The Maryland Code Public General Laws, 1904
Volume 393, Page 513   View pdf image (33K)
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