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LAWS OF MARYLAND.
in this state, as prima facie evidence of the facts in such affidavit
set forth. |
203
Dec. Ses. 1825. |
6. And be it enacted, That the person
making either of the
said affidavits shall make the same before a judge of the county
court of the county, or before two justices of the peace of
the city or county in which the mortgaged premises shall be in
whole or in part; but where such advertisements of sale is published
in any newspaper in any other city or county than that in
which the said mortgaged premises shall be in whole or in part,
then the said affidavit of publication by the printer may be made
before a judge of the county court of the county or before two justices
of the peace of the city or county in which such newspaper
is printed, and such judge or justices as the case may be, are
hereby required to take said affidavit and to subscribe his or
their name or names to a certificate underneath the said affidavit,
purporting that the person making the affidavit had appeared
before him or them and made oath to the same. |
Affidavit to
be taken. |
7. And be it enacted, That in case
application shall be made to
the clerk of any county, where the mortgaged premises shall lie,
in whole or in part, to record either of the said affidavits, certified
and subscribed as aforesaid, then, and in such case, the
said clerk is hereby required to record in his register of the mortgages,
the said affidavit at full length, together with the certificate
of the judge or justices annexed to the same; for which
service the said clerk is hereby allowed to demand and receive
the like rate of compensation which is allowed him for recording
a deed. |
Clerk directed
to record
—compensation. |
8. And be it enacted, That no title
to mortgaged premises,
derived from any sale made in virtue of a special power for that
purpose, in the mortgage contained, shall be questioned, impeached
or defeated, either at law or in equity, by reason that
the mortgaged premises were purchased in by the mortgagee, or
his or her assignee, or by his, her, or their legal representatives,
or for his, her or their benefit or account: Provided always,
that
the same was in every respect regular, fair and with good faith. |
Mortgagee
may purchase.
Proviso. |
9. And be it enacted, That whenever
lands are sold and conveyed,
and a mortgage is given by the purchaser at the same
time, to secure the payment of the purchase money, such mortgage
shall be preferred to any previous judgment which may
have been obtained against such purchaser. |
Mortgage
given at time
of purchase;
preference.
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10. And be it enacted, That all mortgage
sales after the first
day of May next, shall be made in the county, where the mortgaged
premises are situated: And provided that where the lands
described in any mortgage, are or shall be situated in more than
one county; in such case the sale thereof may be made in either
of the counties within which such lands are situated. |
Where sale
shall take
place. |
11. And be it enacted, That this act
shall take effect from
and after the last day of April next. |
To take effect. |
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