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Session Laws, 1856
Volume 623, Page 270   View pdf image
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270

LAWS OF MARYLAND.

Of mortgages.

that until default is made in the payment of the said
sum of dollars and interest, or some part thereof,
it shall and may be lawful for the said (the mortga-
gor,) his heirs, executors and administrators, to hold
and enjoy the said land and premises hereby granted
and released, or intended and meant to be so, with all
the appurtenances thereto, and the rents, issues, pro-
fits and produce thereof to take and receive to his or
their own use, without any suit, interruption, distur-
bance, claim or demand whatsoever, of, from or by
the said (the mortgagee,) his heirs or assigns, or any
person or persons lawfully claiming by, from or un-
der them.
110. In a mortgage, the following proviso, "Pro-
vided, that if default shall be made in payment of
the money aforesaid, or the interest thereon, at the
time and in the manner aforesaid, then it shall be
lawful for the said (the mortgagee) to sell, the said
mortgaged premises (here insert the place, manner
and terms of the sale, and the notice thereof as may
be agreed upon,) to pay the debt and the surplus, if
any, over to the said, (the mortgagor,") shall be con-
strued, and to have the same effect as if the following
proviso had been therein inserted: "But, if default
shall be made in the payment of the debt aforesaid,
or the interest thereon, or any part thereof, at the
times limited for the payment of the same, then
these presents are upon the further trust, and it is
hereby agreed, that then the said (the mortgagee,)
his executors, administrators or assigns, may be, and
they are hereby authorised to sell the above mortga-
ged premises, and all the estate, right, title and in-
terest, property, claim and demand, at law and in
equity, both of the said (the mortgagee) and the said
(the mortgagor,) and all those claiming by, from, or
under each of them, in and to the said mortgaged
premises, and every part thereof, in manner follow-
ing (here insert place, manner and terms of sale, and
the notice thereof as may be agreed upon, and after
making such sale, and receiving the purchase money
therefor, agreeable to the terms of sale, to convey
the estate, property and interest, so sold, and all the
claims of the said parties in and to the same, to the
purchaser or purchasers, his, her or their heirs or as-
signs, as fully and effectually as the said (the mort-
gagor) could have sold and conveyed the said mort-
gaged premises immediately before the execution of
these presents, and the money arising from the said



 
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Session Laws, 1856
Volume 623, Page 270   View pdf image
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