Neidig v. Whiteford
Court of Appeals of Maryland
Appeal from the Circuit Court for Frederick County, sitting in equity. The questions presented in this case, arise from a contest between the appellant and the appellee, as to the equitable distribution of the money, the proceeds of the sale of the real estate of Joseph A. Lechlider, an insolvent, each claiming as creditor a prior lien.
Read the full summary
Appeal from the Circuit Court for Frederick County, sitting in equity. The questions presented in this case, arise from a contest between the appellant and the appellee, as to the equitable distribution of the money, the proceeds of the sale of the real estate of Joseph A. Lechlider, an insolvent, each claiming as creditor a prior lien. On the 30th of March, 1854, James M. Weddle, a former owner of this real estate executed a *mortgage to the appellant’s intestate for $2,500, with interest, payable on the 1st of April, 1865. On the 24th of July, 1856, Weddle confessed judgment to the appellee…
1Opinion of the CourtAlvey, J.
There can be 110 question but that Neidig, by releasing the mortgage from Weddle, reciting payment of the mortgage debt, lost the benefit of the lien or charge created by that mortgage, although the mortgage debt may not, in fact, have been paid. And it is equally certain that the release is *not susceptible of parol explanation in order to connect the released mortgage with that subsequently executed by Lechlider to Neidig, of the same property, for $4,000, and thus to create an equity by which the latter mortgage may be allowed to overreach the judgment in favor of Whiteford, of the 24th of…
2Cases cited5 opinions
- United States v. KirkpatrickSupreme Court of the United States · 1824
- Jones v. United StatesSupreme Court of the United States · 1849
- Woollen v. HillenCourt of Appeals of Maryland · 1850
- Gwinn v. Whitaker's Adm'xGeneral Court of Virginia · 1805
- Dorsey v. GassawayCourt of Appeals of Maryland · 1806
3Cited by19 opinions
- Grantham v. Board of County CommissionersCourt of Appeals of Maryland · 1968
- G.E. Capital Mortgage Services, Inc. v. LevensonCourt of Appeals of Maryland · 1995
- Trieschman v. EatonCourt of Appeals of Maryland · 1961
- Webster v. People's Loan, Savings & Deposit BankCourt of Appeals of Maryland · 1931
- Milholland v. TiffanyCourt of Appeals of Maryland · 1886
14 more not listed; retrieve them via the Exa API.