G. Ober & Sons Co. v. Keating
Court of Appeals of Maryland
Appeal from the Circuit Court for Talbot County, in Equity. The bill in this case was filed by Gf. Ober & Sons Company to have the agreement of the 30th of September, 1890, between the plaintiff and Caroline C. Davis and John W. Powell, and the proceedings consequent thereon, construed to give the plaintiff an equitable mortgage or lien upon the crop of wheat then growing on the farm of the said Caroline ; and it prayed for an injunction against the defendants.
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Appeal from the Circuit Court for Talbot County, in Equity. The bill in this case was filed by Gf. Ober & Sons Company to have the agreement of the 30th of September, 1890, between the plaintiff and Caroline C. Davis and John W. Powell, and the proceedings consequent thereon, construed to give the plaintiff an equitable mortgage or lien upon the crop of wheat then growing on the farm of the said Caroline ; and it prayed for an injunction against the defendants. The Court( Stump, J.,) dismissed the bill, and the plaintiff appealed. The case is stated in the opinion of this Court.
1Opinion of the CourtRobinson, J.
This is a plain case. By a contract in writing dated the 30th September, 1890, Caroline C. Davis the landlord and J. W. Powell, her tenant, bought of the appellants twenty tons of ammoniated phosphate at twenty-five dollars per ton, to secure the payment of which they *102agreed to give to the appellants a chattel mortgage of their respective interests in the wheat crop then about to-be seeded on the farm. The mortgage was executed by Powell, and then mailed to Miss Davis, who lived in another county, but was never, it seems, received by her: Subsequently, on the 3rd of December, Miss Davis made…
2Cases cited1 opinion
- Tyler v. AberghCourt of Appeals of Maryland · 1886
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- Farmers & Merchants National Bank v. SchlossbergCourt of Appeals of Maryland · 1986
- Winslow Elevator & MacHine Co. v. HoffmanCourt of Appeals of Maryland · 1908
- Barron v. WhitesideCourt of Appeals of Maryland · 1899
- Goldsborough v. TinsleyCourt of Appeals of Maryland · 1921
- Plitt v. StevanCourt of Appeals of Maryland · 1960
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