McClellan v. Crook
Court of Appeals of Maryland
Appeal from the Court of Chancery. The original bill in this cause, was filed on the 21st of July, 1843, by William Crook, the present appellee, against MeClellan, the appellant, and one Sophia Ducatel, administratix of Alexis A. Delmas, deceased, for the sale of certain real estate, in the city of Baltimore, mortgaged by said Delmas, in his life time, to one Elizabeth Taggart, who afterwards assigned the mortgage debt to the complainant.
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Appeal from the Court of Chancery. The original bill in this cause, was filed on the 21st of July, 1843, by William Crook, the present appellee, against MeClellan, the appellant, and one Sophia Ducatel, administratix of Alexis A. Delmas, deceased, for the sale of certain real estate, in the city of Baltimore, mortgaged by said Delmas, in his life time, to one Elizabeth Taggart, who afterwards assigned the mortgage debt to the complainant. The bill states, that the mortgage was executed on the 19th of November 1836, to secure an indebtedness of $2000, owing by Delmas, the mortgagor, to the…
1Opinion of the CourtFrick, J.
This court at the hearing of the former appeal between these parties, having directed an audit to be made in this court, thereupon remanded the,cause to the chancery court, with directions to sell the mortgaged premises according to the usual course in such cases, unless McClellan should pay into that court, the sum ascertained by said audit in this court, to be due to the appellee.
The appellee, (Crookj) had been for a series of years, tenant of the mortgaged estate; and in the audit here referred to, the rents for which he had become chargable, were credited in fav.or of McClellan against…
2Cited by11 opinions
- Haley v. KilpatrickCourt of Appeals for the Eighth Circuit · 1900
- Turner v. Housing AuthorityCourt of Appeals of Maryland · 2001
- Mahoney v. MackubinCourt of Appeals of Maryland · 1880
- Chayt v. Board of Zoning AppealsCourt of Appeals of Maryland · 1940
- Young v. FrostCourt of Appeals of Maryland · 1851
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