clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search
search for:
clear space
white space
The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 1523   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

ART. 66] NOTICE OF SALE. 1523

If the sale is made by an attorney or trustee under the act of 1826, ch.
192, the bond must be given by the party making the sale and not by the
mortgagee. White v. Malcolm, 15 Md. 542.

This section referred to in determining that a corporation can not exercise
a power of sale under section 6. Frostburg Bldg. Assn. v. Lowdermilk, 50
Md. 179.

This section held to have no application. Heeside v. Peter, 33 Md. 127.

Cited but not construed in Gaither v. Tolson, 84 Md. 641; Condon v. May-
nard, 71 Md. 603; Webb v. Haeffer, 53 Md. 191; Harriaon v. Annapolis, etc.,
R. R. Co., 50 Md. 512; Dill v. Satterfield, 34 Md. 53.

1904, art. 66, sec. 8. 1888, art. 66, sec. 8. 1860, art 64, sec. 7. 1825, ch. 203.
sec. 4. 1826, ch. 192, sec. 1.

8. In all sales made in pursuance of such authority there shall 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 sale shall
give twenty days' notice of the time, place and terms thereof by adver-
tisement 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, and also by advertisement
set up at the court-house door of said county.

The notice to be set up at the courthouse door, is only necessary if there
is no newspaper published In the county. Where the mortgage required
that the property should be advertised in accordance with this section, and
subsequent to the mortgage but before the sale the annexation act changed
the geographical location of the mortgaged property from Baltimore county
to Baltimore city, the advertisement was properly inserted in a Baltimore
city paper and not in a Baltimore county one. Roberts v. Loyola Bldg Assn.
74 Md. 3. Cf. Chilton v. Brooks, 71 Md. 452.

This section does not contemplate a daily notice for twenty days. What
notice Is sufficient? Description of property in advertisement, held sufficient
White v. Malcolm, 15 Md. 541.

Where the mortgage calls for a notice which it is impossible to give,
twenty days' notice is required under this section. Warehlme v. Carroll
County Bldg. Assn., 44 Md. 518.

This section referred to in construing the local law applicable to Baltimore
city relative to notice of sale. This section expressly authorizes parties to
agree in the mortgage, as to the notice to be given. Knapp v. Anderson,
89 Md. 191.

This section referred to In determining that Sundays are Included in
computation of time. American Tobacco Co. v. Strickling, 88 Md. 510.

This section held to have no application, the deed not being construed to
be a mortgage. Bank of Commerce v. Lanahan, 45 Md. 406.

The act of 1826, ch. 192, was not repealed by the adoption of the consti-
tution of 1851. Elchelberger v. Hardesty, 15 Md. 548.
Cited but not construed in Dill v. Satterfield, 34 Md. 53.

Ibid. sec. 9. 1888, art. 66, sec. 9. 1860, art. 64, sec. 8. 1825, ch. 203,
sec. 5. 1826, ch. 192, sec. 3 1833, ch. 181, sec. 4.

9. All such sales shall be reported under oath to the court having
chancery jurisdiction where the sale is made, and there shall be 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 power to hear
and determine any objections which may be filed against such sale by
any person interested in the property and may confirm or set aside
said sale.

 

clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 1523   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  November 18, 2025
Maryland State Archives