Williams v. Williams
Court of Appeals of Maryland
Appeal from the Court of Chancery. The appellant executed a mortgage to the appellee, dated the 18th of March 1846, of certain real estate in the city of Baltimore, to secure the sum of $150, upon certain terms therein mentioned, and further reciting, that “to secure the punctual payment of said sum of money, according to the terms of the loan thereof, the said William W. Williams hereby consents and agrees, that at any time after the execution of these presents, a decree…
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Appeal from the Court of Chancery. The appellant executed a mortgage to the appellee, dated the 18th of March 1846, of certain real estate in the city of Baltimore, to secure the sum of $150, upon certain terms therein mentioned, and further reciting, that “to secure the punctual payment of said sum of money, according to the terms of the loan thereof, the said William W. Williams hereby consents and agrees, that at any time after the execution of these presents, a decree may be entered up for the sale of said lots of ground, and premises, hereby mortgaged or any part thereof, by the high…
1Opinion of the CourtFrick, J.
This is an appeal from a decree obtained in the court of chancery, upon proceedings under a mortgage, had in conformity with the provisions of the act of 1833, ch. 181, relating to mortgages.
A motion is made to dismiss the appeal, upon the proposition argued before this court, that under the true construction of the act, the decree is to be considered a decree by consent, from which no appeal will lie.
The court can find nothing in the act of Assembly, impugning the ordinary right of the party, to appeal from a final decree in chancery; or to justify the construction contended for by the…
2Cases cited1 opinion
- Wilmington & Susquehanna Rail Road v. CondonCourt of Appeals of Maryland · 1837
3Cited by14 opinions
- Matter of AndersonCourt of Appeals of Maryland · 1974
- Robertson v. American Homestead Ass'nCourt of Appeals of Maryland · 1857
- Oxford Cabinet Co. v. ParksCourt of Appeals of Maryland · 1941
- Gable v. WilliamsCourt of Appeals of Maryland · 1882
- State v. MisterCourt of Appeals of Maryland · 1853
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