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Session Laws, 1836
Volume 537, Page 265   View pdf image
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1836.

LAWS OF MARYLAND.

CHAP. 249

SEC. 3. And be it enacted, That every such notice
shall specify the name of the mortgagor and of the

Which must

specify

mortgagee, and the last assignee of the mortgage,
if any; the date of the mortgage; the amount claimed
to be due thereon at the time of the first publication of
such notice, and a description of the mortgaged pre-
mises, conforming substantially with that contained in
the mortgage, and the day and place at which the sale
is to take place.

Postponement
of sale
Notice thereof

SEC. 4. And be it enacted, That such sale may be
postponed from time to time, by inserting a notice of
such postponement, as soon as practicable, in the news
paper in which the original advertisement was pub-
lished, and continuing such publication until the time
to which the sale shall be postponed.

Sale must be by
auction

SEC. 5. And be it enacted, That such sale shall be
made at public auction, and if the premises shall consist
of distinct lots, they shall be sold separately, unless

Quantity res-
tricted

otherwise agreed upon in the mortgage, and no more
lots or parcels shall he sold than shall be necessary to
satisfy the amount due upon said mortgage at the time
of the sale, and the costs and expenses now allowed in
cases of chancery sales, except commissions.

Mortgagee may
purchase

SEC. 6. And be it enacted, That the mortgagee, his
assigns, and his or their legal representatives, may
fairly and in good faith purchase the premises so ad-
vertised, or any part thereof, at such sale.

Such sale equi-
valent to a

SEC. 7. And be it enacted, That every sale, pursu-
ant to a power as aforesaid, and. conducted as herein
prescribed, made to a purchaser in good faith, shall be
equivalent to a foreclosure and sale, under the decree
of a court of equity, so far as to be an entire bar of all
claim or equity of redemption of the mortgagor, lib
heirs and representatives, and of all persons claiming
under him or them, by virtue of any title subsequent
to such mortgage.

Disposition of a
balance

SEC. 8. And be it enacted. That if there shall re-
main any surplus after the sale of any mortgaged pro-
perty, and the person selling the same shall have notice
of any judgment or mortgage, subsequent to that un-
der which he may have sold, he shall distribute the said
surplus, if the parties interested can agree, but if they

Paid into court

cannot, he shall deposit the same with the clerk of



 
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Session Laws, 1836
Volume 537, Page 265   View pdf image
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