Legal Opinion

Middle States Loan, Building & Construction Co. v. Baker

Court of Appeals for the D.C. Circuit

Decided November 6, 1901No. 1103Published

Hearing on an appeal by tbe defendant from a decree of tbe Supreme Court of tbe District of Columbia overruling exceptions to and confirming a report of tbe auditor in a suit in equity against a building association for an accounting, a release of certain mortgages, and tbe cancellation of certain stock.

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Hearing on an appeal by tbe defendant from a decree of tbe Supreme Court of tbe District of Columbia overruling exceptions to and confirming a report of tbe auditor in a suit in equity against a building association for an accounting, a release of certain mortgages, and tbe cancellation of certain stock. Tbe Court in its opinion stated tbe case as follows: Tbis is a suit in equity for an accounting under two mortgages, instituted in tbe Supreme Court of tbe District by tbe appellee, Ira J. Baker, as complainant, wbo is tbe owner of tbe land subject to tbe mortgages, against tbe appellant, Tbe…

1Opinion of the CourtJustice Morris

In pursuance of the express stipulation of the parties that the loans in this ease were made with reference to the laws *8of the State of Maryland, the auditor purported to state his account in accordance with the rulings of the Court of Appeals of that State; and in this mode of procedure both parties have acquiesced, although it is one of the grounds of grievance of the appellant that the rulings in question have not been fully followed. There is nothing in our own law antagonistic to this course, and the result of the accounting, in our view of the case, would be the same under the law of…

2Cases cited9 opinions

  1. De Wolf v. JohnsonSupreme Court of the United States · 1825
  2. Andrews v. PoeCourt of Appeals of Maryland · 1869
  3. Banks v. McClellanCourt of Appeals of Maryland · 1866
  4. Mahoney v. MackubinCourt of Appeals of Maryland · 1880
  5. Hough v. HorseyCourt of Appeals of Maryland · 1872

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