Berry ex rel. Roberts v. Skinner
Court of Appeals of Maryland
Appeal from the Circuit Court for Prince George’s County, in Equity. This appeal was taken from an order of the Court below, dated the 19th March, 1869, ratifying a sale of mortgaged real estate, made by the appellee, under the provisions of the 64th Article of the Code.
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Appeal from the Circuit Court for Prince George’s County, in Equity. This appeal was taken from an order of the Court below, dated the 19th March, 1869, ratifying a sale of mortgaged real estate, made by the appellee, under the provisions of the 64th Article of the Code. On the 7th of April, 1864, Benjamin Berry executed a mortgage of certain real estate in Prince George’s county, to the appellee, to secure to him the payment in five years, of the sum of four thousand dollars, loaned by him to the said Berry, and interest thereon half-yearly. In this mortgage there were conditions and…
1Opinion of the CourtAlvey, J.
In this case, it being conceded that the mortgagor was sane and competent to contract at the time of the execution of the mortgage, and that default in payment had occurred before proceedings were taken to make sale under the power, and all the preliminary requisites to making the'sale having beeñ complied with, the sole question for our consideration is, whether the subsequent lunacy of the mortgagor, and the proceedings had in1 reference thereto in equity, could have the effect of suspending the execution of the power of sale, by the mortgagee ?
The mortgage, made pursuant to the 64th…
2Cases cited3 opinions
- Hunt v. Rousmanier's AdministratorsSupreme Court of the United States · 1823
- Wilson v. TroupCourt for the Trial of Impeachments and Correction of Errors · 1823
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- Union Trust Co. v. BiggsCourt of Appeals of Maryland · 1927
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- Barrick v. HornerCourt of Appeals of Maryland · 1893
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