Schaefer v. Amicable Permanent Land & Loan Co.

Bartol, C J., delivered the opinion of the Court. There are two appeals in this record, one from the decree passed on the 27th day of November 1876, and the other from the order of the Circuit Court of December 30th 1876 dismissing the petition filed by appellant on that day. 1st. As to the appeal from the decree. The mortgage was executed under the local law of Baltimore City, Code, vol. 2, Art. 4, sec. 782, it contained the consent of the mortgagor that a decree might be passed forthwith.

The decree was passed in conformity with the provisions of that section, and with the terms and conditions of the mortgage. It is free from error and must therefore be affirmed. Under the Code the decree might properly be passed before default. 2nd. As to the appeal from the order dismissing the petition.

The object of the petition was to arrest the sale of the •mortgaged property under the decree. By the terms of ¹²⁸ the mortgage and the decree, the property could not he sold until default in performing the conditions of the mortgage, or some one of them had continued for sixty days. The petition alleges that the petitioner had paid into the treasury of the company a large sum of money in the shape of dues and interest in partial discharge of the mortgage, and exhibits a book containing entries made by the proper officers of the company, showing the several sums paid by her, and alleges further that there has not been made a legal application of her payments to the company, and if the payments had heen correctly credited as of the dates appearing in the book, she is not guilty of any defalcation, &c. If the facts so alleged were true, they showed sufficient cause for arresting the sale.

The continuance of default for sixty days is a condition precedent to a sale of the property under the