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 1528   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

1528 MORTGAGES. [ART. 60

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 man-
ner as other writs of possession.

1904, art. 66, sec. 20. 1888, art. 66, sec. 20. 1860, art. 64, sec. 19.
1826, ch. 192. sec. 7.

20. 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 against the
purchaser.

Ibid. sec. 21. 1888. art. 66. sec. 20. 1860. art. 04. sec. 20.
1839. ch. 26, sec. 1.

21. 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.

Under this section, an executor becomes by operation of law the assignee
of the estate in the land, and also of the mortgage debt, and may execute
the power of sale contained in the mortgage. Harnickell v. Orndorf, 35
Md. 343.

This section referred to in deciding that a mortgage is "property." Alex-
ander v. Fidelity, etc.. Co., 108 Md. 547.

Ibid. sec. 22. 1888, art. 60. sec. 22. 1860. art. 64. sec. 21.
1S33, ch. 181, sec. 1. 1830. ch. 26. secs 2-5.

22. The executor or administrator of any mortgagee, or the
assignee, or the executor or administrator of any assignee of any mort-
gagee who is legally and equitably entitled to receive the mortgage
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.

Ibid. sec. 23. 1890. ch. 187. sec. 23.

23. Any and every sale of real estate or personal property hereto-
fore made between the first day of January eighteen hundred and sixty
and the last day of December eighteen hundred and seventy-eight,
under or so intended and purporting to be a power of sale contained in
a mortgage authorizing the mortgagee, his executors, administrators or
assigns or any person to be named by him or them, or authorizing the
mortgagee, his successors or assigns or any person to be named by him
or them, or when the mortgage contains terms or expressions of like
character or similar import, authorizing a sale, and made by a person
other than the mortgagee, his successors or assigns, or his or their
executors or administrators and by a person subsequently to default
nominated and appointed by the mortgagee or his successor or his
assigns, or his executors or administrators or their assigns, by power

 

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 1528   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