1520 MORTGAGES. [ART. 66

be preferred to any previous judgment or decree for the payment of
money which may have been obtained against such purchaser, whether
the mortgage is given to the vendor of the property so purchased or
to a third party who advances the purchase money in whole or in part;
provided, such mortgage recite that the sum so secured is in whole or
in part the purchase money of the property purchased; provided, how-
ever, that nothing in this section shall be held or construed to affect
rights existing on April 7, 1900.

Where a lessor simultaneously with the execution of his lease takes a
mortgage on the leasehold interest, such mortgage has priority over previous
.iudgmeuts against the lessee—this section indicates nothing to the contrary.
Aliern v. White, 39 Md. 417.

Prior to the act of 1900, ch. 393, this section was held to apply only in
case the vendor was the mortgagee, Heuisler v. Kickum, 38 Md. 275; Glenn v. Clark, 53 Md. 608

See sec. 31.

1904. art. 66, sec. 5. 1888, art. 06, sec. 5. 1860, art. 64, sec. 4. 1847, ch. 255.

1S98, ch. 275.

5. The mortgagor in any deed of mortgage, in addition to the usual
covenants, may covenant for the payment of all taxes, assessments, pub-
lic dues or charges levied or to be levied by law on the mortgage debt
created or secured by such mortgage. This section not to apply to-
mortgages executed after March 30, 1896.

Cited but not construed in Appeal Tax Court v. Rice, 50 Md. 319.
See art. 81. sec. 187, ct scq.

Ibid. sec. 6. 1888. art. 66. sec. 6. 1860, art. 64, sec. 5. 1785, ch. 72.

1825. ch. 203, sec. 5. 1833, ch. 181, sec. 2. 1836, ch. 249,

sec. 1. 1878, ch. 483.

6. In all mortgages there may be inserted a clause authorizing the
mortgagee or any other person to be named therein to sell the mort-
gaged 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 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 pro-
ceedings to execute such power shall thereby acquire the exclusive right
to sell the mortgaged premises; and any sale 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 person 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 afore-
said power is indivisible; provided, there has been no change of title
or interest in the mortgaged premises since such sale.

Jurisdiction and procedure under this section.

This section and the following ones do not provide for the exercise of a
special jurisdiction, but simply a summary mode for the exercise of the