Eversole v. Maull
Court of Appeals of Maryland
Appeal from the Circuit Court of Baltimore City. The case is stated in the opinion of the Court. The appellant maintains that the sale of the mortgaged property ought to he set aside, or if the validity of the sale is not impeached, the proceeds ought to he awarded to the appellant. Because no proper affidavit was made of the mortgagee’s claim, that by Maull being inoperative, as he was not the mortgagee, nor was he in any way authorized to make the affidavit.
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Appeal from the Circuit Court of Baltimore City. The case is stated in the opinion of the Court. The appellant maintains that the sale of the mortgaged property ought to he set aside, or if the validity of the sale is not impeached, the proceeds ought to he awarded to the appellant. Because no proper affidavit was made of the mortgagee’s claim, that by Maull being inoperative, as he was not the mortgagee, nor was he in any way authorized to make the affidavit. Because the decree for the sale of the mortgaged premises was entered to the use of Maull upon a mere written order of Mr. Eversole’s…
1Opinion of the CourtMiller, J.
It appears from the record in this case that in 1873, David W. Caskey mortgaged certain leasehold property in Baltimore, to Abraham S. Eversole to secure a loan of $750, for which he had passed to the mortgagee his promissory note, payable one year after date. The mortgage contained the usual consent clause for a decree under the provisions of the Local Law of Baltimore City, on that subject, and on the 1st of March, 1875, a petition was filed in the Circuit Court by Eversole, through James Frame, his solicitor, for a decree for the sale of the mortgaged prop*100erty, and on the next day a decree…
2Cases cited5 opinions
- Williams v. BanksCourt of Appeals of Maryland · 1857
- Lister v. Allen ex rel. RatcliffeCourt of Appeals of Maryland · 1869
- Warren v. TwilleyCourt of Appeals of Maryland · 1856
- Renwick v. WilliamsCourt of Appeals of Maryland · 1852
- Parker v. SedwickCourt of Appeals of Maryland · 1846
3Cited by19 opinions
- William J. Lemp Brewing Co. v. MantzCourt of Appeals of Maryland · 1913
- Merchants' National Bank v. WilliamsCourt of Appeals of Maryland · 1909
- Cameron, SEC. of B. v. P. Bk. of MaytownSupreme Court of Pennsylvania · 1929
- United Overseas Bank v. Veneers, Inc.District Court, D. Maryland · 1974
- Gardner v. Beacon Trust Co.Massachusetts Supreme Judicial Court · 1906
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