Heider v. Bladen

Bryan, J., delivered the opinion of the Court. A tract ofland in Prince’s George’s County was sold by public auction by the attorney named in a mortgage. The mortgage was made by George W. Bladen and wife to C. Bosley Littig, and by him assigned to Mrs. Hannah P. Littig. The land was sold under the authority of Article 66, section 6 of the Code.

After it was reported to the Circuit Court, the mortgagors filed exceptions to its ratification. The Court sustained the third exception, which is in these words : “The power of sale granted in said mortgage was illegally exercised, greatly to the damage of the defendant/’ There were three other exceptions, but they were all overruled. The mortgage notes were not filed in the proceedings ; and the omission to file them was the ground for sustaining the third exception. In effect the ruling declared that this omission was an illegality which greatly damaged the defendant and made the sale void.

The only preliminary requisite to a sale under this Article of the Code is set forth in the seventh section. It is there enacted that before the person duly authorized shall make any such sale, lie shall give bond as provided in that section. Nothing else ²⁴⁴ is required to be done as a condition precedent to the sale. The ninth section is in these words: "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 objection which may be filed against such sale, by any person interested in the property, and may confirm or set aside said sale.” It was not denied that the mortgage was duly executed and recorded; nor that the mortgage notes were due and unpaid ; nor was any objection made because they were not produced at the hearing of the objections to the ratification of the sale.

That is to say, no exception was filed on any of these grounds. And yet the sale was reported in order that the Court might hear and determine any objections which might be filed against it by any person interested in the