1836
CHAP. 350.

First assign-
ment of mort-
gage

LAWS OF MARYLAND.

executed by the mortgagee upon such sale to a third
person.
SEC. 15. And be it enacted, That any such mortgage
may be assigned by endorsement in blank upon the
original mortgage, and an assignment of the mortgage

A power to sell

shall always operate as an assignment of the power to
sell, where such power shall have been given to the

But not a se-
cond

Without public
notice

Record directed
Marginal note

mortgagee, but such assignment shall have no effect
against third persons without notice until a certificate
signed by the assignor and assignee,stating the assign-
ment and the consideration thereof, shall be filed in the
office of the clerk of Baltimore county court, and
when so filed, it shall be the duty of the said clerk to
record the same in a separate book to be kept for the
purpose, and to note on the margin of the record of
such mortgage, the page and book where any such cer-
tificate may have been recorded.

Relative to in-
junction of sale

SEC. 16. And be it enacted, That no injunction shall
be granted to stay any such sale unless the party pray-
ing such injunction is a party to the mortgage, or shall
claim some interest in the mortgaged premises by a
title subsequent to the recording of said mortgage; nor
unless upon an allegation that the said mortgage debt
and interest has been paid or some part thereof, parti-
cularly specified, which the person offering to sell shall
have refused to allow, or of some fraud specified in
the bill praying an injunction as practiced by the
mortgagee or with his knowledge, in obtaining the said
deed of mortgage, and when any injunction shall be
granted, it shall be the duty of the court on proof of
ten days notice to the complainant, to hear, and as soon
as may be decide upon a motion for a dissolution of
the same.

CHAPTER 250.

Passed Feb. 23
1837.

An act to grant to the Commissioners of Chestertown
a certain lot of ground therein mentioned.

Preamble

WHEREAS, it is represented to this General Assem-
bly, that a certain lot or parcel of ground situate in
Chester town, and known and distinguished on the plat
of said town as the Club House Lot, has escheated to
the State of Maryland, and in its present condition is