Legal Opinion

Wilson v. Russell

Court of Appeals of Maryland

Decided May 31, 1859PublishedCited by 23 opinions

Appeal from the Circuit Court for Baltimore’City. On the 15th of February 1856, William Mason and wife, and William Mason, Jr., (the said William Mason and William Mason, Jr., constituting the firm of William Mason & Son,) executed a deed of trust to St. George W. Teackle and William A. Talbott, in which it is recited as follows: " Whereas Thomas Wilson and the firm of Thomas Wilson & Co., of which the said Thomas Wilson, Robt.

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Appeal from the Circuit Court for Baltimore’City. On the 15th of February 1856, William Mason and wife, and William Mason, Jr., (the said William Mason and William Mason, Jr., constituting the firm of William Mason & Son,) executed a deed of trust to St. George W. Teackle and William A. Talbott, in which it is recited as follows: " Whereas Thomas Wilson and the firm of Thomas Wilson & Co., of which the said Thomas Wilson, Robt. W. Allen and Wm S.JPeterkin are partners, have agreed to loan to the firm of William Mason & Son, their promissory notes, from time to time, as muy be desired by…

1Opinion of the Court

Bartol, J.,

delivered the -opinion of this courL

Several objections to the validity of the deed of trust,-of th'e 15th of February 1856, have been urged by the appellees, which it is necessary for us first to consider in the decision of this'appeaL That deed is in the nature of a mortgage, and was intended to secure to Thomas Wilson and Thomas Wilson & Co., the payment of certain sums of money, which'William-Ma-son & Son (the mortgagors) formerly owed them; and also to secure the payment of certain promissory notes, which the said- Wilson and Wilson & Co., respectively, agreed to loam to said…

2Cases cited6 opinions

  1. Shirras & Others v. Caig & MitchelSupreme Court of the United States · 1812
  2. Cook v. BradleySupreme Court of Connecticut · 1828
  3. Cole v. AlbersCourt of Appeals of Maryland · 1843
  4. Thomas v. TrieberCourt of Appeals of Maryland · 1852
  5. Malcolm v. HodgesCourt of Appeals of Maryland · 1855

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3Cited by23 opinions

  1. Welsh v. KuntzCourt of Appeals of Maryland · 1950
  2. Brooks v. LesterCourt of Appeals of Maryland · 1872
  3. Ahern v. WhiteCourt of Appeals of Maryland · 1874
  4. Drury v. State Capital Bank of Eastern Shore Trust Co.Court of Appeals of Maryland · 1932
  5. Schmidt v. ZahrndtIndiana Supreme Court · 1897

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