Bruce v. Leveringe
Court of Appeals of Maryland
Appeal from the Circuit Court of Baltimore city. This was a bill in equity, filed on tbe 12th December 1862, by the appellants, against the appellee, Levering, for an injunction restraining the said appellee and the Sheriff from proceeding to sell certain property of Daniel C. Bruce, levied on under a judgment obtained by said appellee against said Bruce, the appellants claiming to have been prior mortgagees of the same property.
Read the full summary
Appeal from the Circuit Court of Baltimore city. This was a bill in equity, filed on tbe 12th December 1862, by the appellants, against the appellee, Levering, for an injunction restraining the said appellee and the Sheriff from proceeding to sell certain property of Daniel C. Bruce, levied on under a judgment obtained by said appellee against said Bruce, the appellants claiming to have been prior mortgagees of the same property. The case is fully stated in the opinion of this Court. 1st. That the writing referred to in the record as exhibit A, is a bona fide bill of sale, in due form, and…
1Opinion of the CourtCochran, J.
The facts, upon which the questions in this case depend, are these: An execution, issued on a judgment obtained by Levering, one of the appellees, against Daniel C. Bruce, was levied on certain chattels and household stuff previously conveyed or mortgaged by him to the appellants, who thereupon filed their bill, and obtained an injunction restraining Levering from selling this property under his execution. Levering answered this bill, denying that the appellants had shown a proper case for an injunction, and insisting that he was entitled to a sale of the property, without, however/alleging…
2Cases cited2 opinions
- Rose v. BevanCourt of Appeals of Maryland · 1857
- Harris v. AlcockCourt of Appeals of Maryland · 1838
3Cited by2 opinions
- Fulford v. FulfordCourt of Appeals of Maryland · 1927
- Crothers v. CrothersCourt of Appeals of Maryland · 1913