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sale to apply, first to the expenses attending said sale,
then to the payment of the debt and the interest
thereon, and the overplus, if any, to be paid over to
the said (the mortgagor,) his executors, administra-
tors or assigns.
111. The rules hereinbefore prescribed, as to the
acknowledgement and recording of deeds (except so
far as they may be altered by this chapter,) shall ap-
ply to mortgages.
112. No mortgage shall be valid, except as be-
tween the parties thereto, unless there be endorsed
thereon, an oath or affirmation of the mortgagee, that
the consideration in said mortgage is true and bona
fide, as therein set forth; this affidavit may be made
at any time before the mortgage is recorded, before
any one authorized to take the acknowledgement of
a mortgage, and the affidavit, shall be recorded with
the mortgage.
113. In the certificate of acknowledgement of a
mortgage, the word mortgage may be used instead
of deed.
114. Every mortgage, except as between the par-
ties thereto, shall take effect only from the time it is
recorded, without any reference to its date; and in
case of more than one mortgage, the first recorded
shall have preference,
115. A married woman may mortgage any of her
real estate, by a mortgage executed by herself and
husband.
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Of mortgages.
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116. An assignment of a mortgage may be made
in the following form, or the like effect :
"I hereby assign the within mortgage to (the as-
signee.)
Witness ray hand "and seal, this —— day of —— ,
[Seal.]
117. Every assignment, made in the above form
or the same in substance, endorsed upon the original
mortgage, shall be construed and deemed sufficient
to convey to the assignee every right which the as-
signor possessed under said mortgage, at time of the
assignment thereof, in as full and ample a manner,
as any instrument of writing whatever could do.
118. A release of a mortgage may be made in the
following form or to the like effect :
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Form of as-
signment.
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