1828, c. 26, Allowance to 40. The court may allow to the trustee, committee, or other Id. s. 85. person charged with the care of the person or estate of any non ss. 4,5. compos mentis, any sum not exceeding ten per cent., on the income committee, etc. and expenditures of such non compos mentis, for the care and trouble of such trustee, or person so charged as aforesaid. 41. In all cases where a trustee has been appointed by the court Id. s. 86. 1800, c. 67, s. 2. for the management of the person and estate of a person non compos May order sale for support. mentis, the court may decree that the property of such non compos mentis, or so much thereof as may be necessary, be sold for the support of such non compos mentis, or for the payment of all reasonable and just expenses which said trustee may have incurred. MORTGAGES. 1825, c. 203. s. 2. ered a mortgage. 3 Md. Ch. 521; 29 Md. 144. 19 Md. 536; 42. Every deed conveying real estate or chattels, which by any Art. 64, s. 1. other instrument or writing shall appear to have been intended only what considas a security in the nature of a mortgage, though it be an absolute conveyance in terms, shall be considered as a mortgage, and the person for whose benefit such deed shall be made shall not have any benefit or advantage from the recording thereof, unless every in- Separate instrustrument and writing operating as a defeasance of the same, or explanatory of its being designed to have the effect only of a mortgage or conditional deed, be also therewith recorded. ments to be also recorded. 1872, c. 213. etc., a lien unless the princi No mortgage, pal sum shall appear on its recited therein. Md. 259; 36 Md. 45 Md. 396, 477. Md. 392, 533: 24 65; 38 Md. 231; Future advan ces not a lien 43. No mortgage, or deed in the nature of a mortgage, shall be a lien or charge on any estate or property for any other or different principal sum or sums of money than the principal sum or sums that shall appear on the face of such mortgage, and be specified and face, and be recited therein, and particularly mentioned and expressed to be 10 Md. 597; 13 received thereby at the time of executing the same; and no mortgage, or deed in the nature of a mortgage, shall be a lien or charge for any sum or sums of money to be loaned or advanced after the same is executed, except from the time said loan or advance shall be actually made, and no mortgage to secure such future loans or time they are actually made. advances shall be valid unless the amount or amounts of the same, and the times when they are to be made, shall be specifically stated times to be in said mortgages. This not to apply to mortgages to indemnify the mortgagee against loss from being indorser or security, nor to Exceptions. any mortgages given by brewers to maltsters to secure the payment to the latter of debts contracted bythe former for malt and other material used in the making malt liquors. except from the Amounts and stated. Art. 64, s. 2. 1872, c. 213. 1825, c. 50. Mortgages in Anne Arundel, Mary's, and Prince George's 38 Md. 270; counties. 39 Md. 409. 44. In Anne Arundel, Baltimore, St. Mary's, and Prince George's counties, no mortgage, or deed in the nature of a mortgage, shall be a lien or charge on any estate or property for any other or different principal sum or sums of money than the principal sum or sums that shall appear on the face of such mortgage, and be specified and recited therein, and particularly mentioned and expressed to be secured thereby at the time of executing the same. This not to apply to mortgages to indemnify the mortgagee against loss from executing. being indorser or security. Not to be a lien for more than secured thereby at the time of Exception. Id. s. 3. 1825, c. 203, s. 6. For purchase ferred to previ money pre ons judgment. Id. s. 4. 1847, c. 255. Covenants for payment of taxes. 38 Md. 76; 39 Md. 299. 1878, c. 483. Power of sale in mortgages. 23 Md. 66; 28 Md. 276; 30 Ma. 567:31 Md. 477; 34 Md. 52, 165; 35 Md. 220, 351; 37 Md. 26; 44 396. 45. 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 pur chaser. 46. The mortgagor in any deed of mortgage, in addition to the usual covenants, may covenant for the payment of all taxes, assessments, public dues, or charges, levied or to be levied by law on the mortgage debt created or secured by such mortgage. 47. In all mortgages there may be inserted a clause authorizing the mortgagee, or any other person to be named therein, to sell the mortgaged premises, whether lands or goods and chattels, upon such terms and on such contingencies as may be expressed therein; and where the interests in any mortgage are held under one or more Ma. 512; 45 Md. assignments, or otherwise, the power of sale therein contained shall be held divisible, and he or they holding any such interest who shall first institute proceedings to execute such power shall thereby acquire the exclusive right to sell the mortgaged premises; and any sale heretofore made and set aside upon the ground that said power is indivisible, may, by the court that set aside such sale, be reviewed on the petition of the person who made the same, or any other persons interested therein; and said court may annul its former decree or order, and thereupon the same proceedings shall be had, and the said court shall have the same full power as if such sale had not been set aside; and the said court may confirm such sale or set it aside for any other sufficient reason than that the aforesaid power is indivisible, provided there has been no change of title or interest in the mortgaged premises since such sale. Art. 64, s. 6. 1826, c. 192, s. 2. Bond by person making sale. 10 Md. 168: 15 Md. 529, 548; 18 Md. 505; 23 Md. 66; 33 Md. 121; 34 Md. 52; 36 Md. 29; 38 Md. 1.76, 85, 130, 231; 44 Md. 512; 7G. & J. 114. Id. s. 7. 1826, c. 192, s. 1. Notice. 9 Md. 356 15 48. Before any person so authorized shall make any such sale, he shall give bond to the State in such penalty and with such security as shall be approved by the judge or clerk of a court of equity of the city or county in which the mortgaged premises lie, or in case of goods and chattels, where the same may be, to abide by and fulfil any order or decree which shall be made by any court of equity in relation to the sale of such mortgaged property, or the proceeds thereof, and such bond shall be and remain as an indemnity to and for the security of all persons interested in such mortgaged property, or the proceeds thereof, and be subject to be sued as other bonds taken in the name of the State, and subject to the same limitations and disabilities as such other bonds. 49. In all sales made in pursuance of such authority there shall 1825, c. 203, s. 4; be given such notice as may be stated in such mortgage, or if there be no agreement as to notice, then the party offering the same for Md. 529: 35 Md. sale shall give twenty days' notice of the time, place, and terms thereof, by advertisement in some newspaper printed in the county where the mortgaged premises lie, if there be one so published, and if not, in a newspaper having a large circulation in said county, 220; 44 Md. 512; 45 Md. 396. and also by advertisement set up at the court-house door of said county. 1825, c. 203, s. 5; Report of sale. 14 Md. 69; 15 50. All such sales shall be reported under oath to the court hav- Id. s. 8. ing chancery jurisdiction where the sale is made, and there shall be 1826, c. 192, s. 3. the same proceedings on such report as if the same were made by a trustee under a decree of said court, and the court shall have full 66:30 Md. 367; power to hear and determine any objections which may be against such sale by any person interested in the property, and confirm or set aside said sale. filed Md. 541; 23 Md. 3 d. 220,341 may 299; 44 Md. 512. 37 Md. 458; 38 Md. 85; 39 Md. Resale. Id s. 10. 51. If such sale be set aside by the court, a resale may be or- Id. s.9. dered to be made by the party who made the previous sale, or the 192, s. 5. court may, if justice requires it, appoint a trustee to sell the same. Trustee. 52. All such sales, when confirmed by the court and the pur- 1826, c. 192, s. 4. chase-money is paid, shall pass all the title which the mortgagor had Title of mortin the said mortgaged premises at the time of the recording of the such sale when mortgage. 53. Upon a sale of such mortgaged premises, any person claiming an interest in the equity of redemption may apply to the court confirming the sale to have the surplus of the proceeds of sale, after payment to the mortgagee of his claim and expenses, paid over to such person, or so much thereof as will satisfy his claim, and the court shall distribute such surplus equitably among the claimants thereto. gagor to pass by a. s. 11. 1826, c. 192, s. 5; Surplus distrib 1836, c. 249, s. 8. uted by court. 47 Md. 504. Where vendor and purchaser the same, trustee to be ap 54. After said sale has been confirmed by the court and the pur- 1874, c. 460. chase-money paid, the persons making such sale shall convey the property to the purchaser, or if the vendor and purchaser be the same person, the court confirming the sale shall, in its order of ratifica- pointed to tion, appoint a trustee to convey the property to the purchaser, on the payment of the purchase-money; provided, however, that said trustees shall not give a bond, unless the court shall deem it neces- Bond. sary, and prescribe the same in the decree. execute deed. 1825, c. 203, s. 8. In purchase by title not to be mortgagee his 55. No title to mortgaged premises derived from any sale made Art. 64, s. 13. in virtue of such power and confirmed as aforesaid, shall be questioned, impeached, or defeated, either at law or in equity, by reason that the mortgaged premises were purchased in by the mortgagee impeached by or his assignee, or his legal representatives, or for his benefit or ac- 27 Md. 90; count. reason thereof. 30 Md. 536. s. 14. 56. All mortgage sales shall be made in the county or city where ra. s. 14. the mortgaged premises are situated, and where the mortgaged prem- 1,8203, s. 10. ises described in any mortgage are situated in more than one county, Where mortgage the sale may be made in either of the counties in which the lands 45 Md. 396. are situated. sales to be made. 1836, c. 249, s. 16. When injune tion to stay sale 57. No injunction shall be granted to stay any sale or any pro- Id. s. 15. ceedings after any sale of mortgaged premises under this article, 1826, c. 192, s. 8; unless the party praying such injunction shall be also a party to the deed of mortgage in virtue of which the property sold or offered for sale shall have been mortgaged, or shall claim under such party a right to interest in such mortgaged premises, derived and accruing may be granted. 14 Md. 69; 38 Md. 1, 75, 85. Fraud. Id. s. 16. 1826, c. 192, s. 8. Hearing of mo tion to dissolve injunction. Penalty. Id. s. 17. 1826. c. 192, s. 8. Bond to be taken before injunction granted. Id. s. 18. 1826, c. 192, s. 6. sion by pur chaser. after the time of recording such mortgage, nor unless such party shall, on oath, allege that the mortgage debt, and all interest due thereon, has been fully paid, or that some part of such debt or interest, the amount of which he shall state, has been paid, and that the mortgagee, or person acting under him, refuses to give credit for such amount, or that some fraud, which shall be particularly stated in the bill or petition for injunction, was used by such mortgagee, or with his knowledge, in obtaining the mortgage. 58. If any such injunction shall be granted, the court, or judge, granting the same, shall have power, on proof of ten days' notice to the complainant, to hear and decide on a motion to dissolve such injunction; and, on hearing any such motion, if the court, or judge, shall be satisfied that the same was obtained through misrepresentation and for delay, the court, or judge, shall decree that the party who obtained the same shall pay interest to the mortgagee, or to the party claiming under him, at the rate of ten per cent, per annum on the amount of the mortgage debt, from the time of granting the injunction until the same shall be dissolved, and shall enforce the execution of such decree as in other cases. 59. Before granting any such injunction, the court, or judge, granting the same shall require the complainant, or some person on his behalf, with at least two good securities, to be approved by said judge or clerk, to execute to the mortgagee, or person claiming or acting under him, and file in court, a bond in such penalty as the court, or judge, shall prescribe, conditioned to obey, abide by, perform, and fulfil such decree and order as shall be made in the premises, upon which bond the mortgagee, or his assigns, shall be entitled to recover all such debt, damages, interest, and costs, as shall be decreed on dissolving the injunction. 60. The purchaser of any estate or interest in lands and teneWrit of posses- ments sold under this article relating to mortgages, on the confirmation of the sale to him, shall be entitled to sue forth, out of the court confirming the same, a writ of possession against the mortgagor, his heirs, executors, or assigns, if the same shall be in his or their possession, directed to the sheriff of the county or city, commanding him to put such purchaser into possession of such mortgaged property, which shall be executed in the same manner as other writs of possession. Id. s. 19. 1826, c. 192, s. 7. Rights of purchasers and tenants of mort gagor. 61. All purchasers under such sale shall have the same rights and remedies against the tenants of the mortgagor as the mortgagor had, and the said tenants shall have the same rights and remedies against the purchaser as they would have had against the mortgagor. But no lease made after the mortgage was made shall be valid as as against pur- against the purchaser. Leases subse quent to mortgage invalid chaser. Id. s. 20. 1839, c. 26, s. 1. Interest of mortgagee vested in his personal representatives. 35 Md. 551. 62. On the death of a mortgagee of lands, his interest and estate in the mortgaged premises, together with his right to the debt thereby secured, shall devolve on and vest in his executor or administrator. 1833, c. 181, s. 1; Release by per 63. The executor or administrator of any mortgagee, or the as- Id. s. 21. signee, or the executor, or administrator of any assignee, of any 1839, c. 26, s. 2-5. mortgagee who is legally and equitably entitled to receive the mort- sonal represengage debt, or where the mortgage debt has been paid in the lifetime of the mortgagee, may release a mortgage in the same manner and by the same means that a mortgagee can release. tatives. 1833, c. 283. gagees not ties to foreclose or sell mortgaged property. 2 Bl. 65. When and how gaged property may be decreed 22: 31 3d. 14 Md. 271; 30 7 G. & J. 143; 64. It shall not be necessary in any case for the foreclosure or Art. 16, s. 111. sale of mortgaged property, to make the heirs of the mortgagee Heirs of mortparties to the same, but any decree upon any bill for foreclosure necessary paror sale aforesaid, filed by the executor or administrator of the mortgagee, shall have the same effect as if the said heirs were parties. 65. When any suit is instituted to foreclose a mortgage, the 1876, c. 327. court may decree that, unless the debt and cost be paid by a day sale of mortfixed by the decree, the property mortgaged, or so much thereof as may be necessary for the satisfaction of said debt and cost, shall be sold, and such sale shall be for cash, unless the complainant shall 487;1629; consent to a sale on credit, and if upon the sale, under such decree, 10 G. & J. 65. of the whole mortgaged property, the net proceeds thereof, after the costs allowed by the court are satisfied, shall not suffice to satisfy the mortgage debt and accrued interest, as this shall be found by the judgment of the court upon the report of the auditor thereof, the court may, upon the motion of the complainant, enter a decree in personam against the mortgagor, or other party to the When court suit who is liable for the payment thereof; provided, the mortgagee cree in personam would be entitled to maintain an action at law upon the covenants mortgage debt. contained in said mortgage for said residue of the said mortgage debt, so remaining unsatisfied by the proceeds of such sale, which decree shall have the same effect as a judgment at law, and may be enforced only in like manner by a writ of execution in the nature of a writ of fieri facias, or otherwise. may enter de for residue of |