Watson v. Bane
Court of Appeals of Maryland
Appeal from the equity side of the Circuit Court for Allegany County. This appeal was taken from a decree of the court below, (Perry, J.,) for the sale of certain mortgaged real estate, upon a bill filed by the mortgagee, Winters, and directing how the proceeds of sale should be distributed between the mortgagee, Watson, a judgment creditor of Bane, one of the mortgagors, and the two Clagetts the vendors of this and other property, sold by them to Bane, but who also united…
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Appeal from the equity side of the Circuit Court for Allegany County. This appeal was taken from a decree of the court below, (Perry, J.,) for the sale of certain mortgaged real estate, upon a bill filed by the mortgagee, Winters, and directing how the proceeds of sale should be distributed between the mortgagee, Watson, a judgment creditor of Bane, one of the mortgagors, and the two Clagetts the vendors of this and other property, sold by them to Bane, but who also united with Bane in the mortgage to Winters. The facts of the case are fully slated in the opinion of this court.
1Dissent
Tuck, J.,
dissented, and delivered the following opinion:
I concur in opinion with my brother judges, that this record should be remanded, to enable the parties, by proper proceedings, to bring into the case the lands sold by (he Olagetts to Bane and not included in the mortgage to Winters. I do not perceive that justice can be done to the parties without subjecting all the lands now held by Bane to the incumbrances thereon, according to the well known principle, that where one creditor may resort to two securities and another has a resort only to one, the former shall be required to enforce…
2Cases cited4 opinions
- Alexander v. GhiselinCourt of Appeals of Maryland · 1847
- Palmer v. OakleyMichigan Supreme Court · 1847
- Alderson v. AmesCourt of Appeals of Maryland · 1854
- Schnebly v. RaganCourt of Appeals of Maryland · 1835