|
1530 MORTGAGES. [ART. 66
released of record, the promissory notes, other instruments or debts
secured by such mortgage or deed in the nature of a mortgage, shall
both before and after the maturity of such promissory notes, other
instruments or debts, be conclusively presumed to be paid so far as
any lien upon the property conveyed by said mortgage or deed in the
nature of a mortgage is concerned.
Object of this section. The court will not presume that a similar statute
is in force In the District of Columbia. This section only applies to mort-
gages recorded in this state. Dickey v. Pocomoke Bank, 89 Md. 295 (decided
prior to the act of 1910, ch. 719).
For the law on this subject prior to the act of 1892, ch. 392, see Demuth
v. Old Town Bank, 85 Md. 323; Dickey v. Pocomoke Bank, 89 Md. 295.
See sec. 35.
1904, art. 66, sec. 26. 1900, ch. 457, sec. 26.
26. Whenever any real estate or leasehold interest therein is encum-
bered by a mortgage, deed or other instrument in the nature of a
mortgage, except when it is otherwise agreed by the terms thereof, no
annual crops pitched or cultivated by any debtor therein or those claim-
ing under him shall pass with the said real estate or leasehold interest
at any sale under or by virtue of said mortgage, deed or other instru-
ment, but such crops shall be and remain the property of the said
debtor, or those claiming under him; subject, however, to the lien men-
tioned in the next section.
Ibid. sec. 27. 1900, ch. 457, sec. 26.
27. After any sale mentioned in the preceding section the said
debtor, or those claiming under him, and the purchaser at such
sale, or those claiming under him, may agree upon a reasonable rental
of the part of said real estate or leasehold interest occupied by the said
crops, and the said rental so agreed upon shall be and remain a lien
upon the said crops until paid in favor of said purchasers or those
claiming under him, nor shall the same or any part thereof be removed
until after payment. In case the said parties are unable to agree upon
or for such rental, either party, or any party in interest, may apply to
the court having jurisdiction over such sale or the confirmation thereof
for the appointment of disinterested appraisers to determine said rental,
whose award shall be final.
Ibid. sec. 28. 1900, ch. 457, sec. 28.
28. The purchaser mentioned in the preceding section, or those
claiming under him shall, in addition to his other remedies, have the
right to distrain for the said rental or any part thereof remaining due,
as in the case of landlord and tenant, upon the ascertainment thereof
as proved in the preceding section; provided, however, that nothing con-
tained in this section or in sections 26 and 27 shall be taken to inter-
fere with the right of the said purchaser, or those claiming under him.
to have possession of the said real estate or leasehold interest as here-
tofore, except as to the part thereof occupied by the said crop or crops,
|
 |