Legal Opinion

McCabe v. Ward

Court of Appeals of Maryland

Decided July 9, 1862PublishedCited by 1 opinion

Appeal from the Circuit Court for Baltimore County. Appeal from an order of the court below (Price, J.) ratifying a sale of mortgaged real property, upon proceedings instituted by the appellee, November 18th, 1859, and alleged to be under the Act of 1826, ch. 192. The mortgage of real estate situated in that county, was executed by the appellants June 18th, 1855, to John F. Shipley, who assigned it to the appellee, who gave a power of attorney to R. R. Boarman, Esq.,…

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Appeal from the Circuit Court for Baltimore County. Appeal from an order of the court below (Price, J.) ratifying a sale of mortgaged real property, upon proceedings instituted by the appellee, November 18th, 1859, and alleged to be under the Act of 1826, ch. 192. The mortgage of real estate situated in that county, was executed by the appellants June 18th, 1855, to John F. Shipley, who assigned it to the appellee, who gave a power of attorney to R. R. Boarman, Esq., intending to vest in him authority to sell the mortgaged property. Many objections were raised to the regularity of the…

1Opinion of the Court

Goldsboj&ough, J.,

delivered the opinion of this court.

The proceedings in this case were instituted in the Circuit court for Baltimore county, on the eighteenth day of Novem*508ber 1859, and are claimed by the appellee to be in conformity with the provisions of the Act of 1826, ch. 192. A mortgage of certain real estate mentioned in the proceedings was executed by the appellants to John F. Shipley, and by him assigned to the appellee. A power of attorney was given by the appellee to R. R. Boarman, Esq., intended to vest in him authority to sell the mortgaged property.

The appellee instituted the…

2Cases cited3 opinions

  1. Williamson v. BerrySupreme Court of the United States · 1850
  2. David Shriver Junior's Lessee v. Mary LynnSupreme Court of the United States · 1844
  3. Tucker v. State ex rel. KneightonCourt of Appeals of Maryland · 1857

3Cited by1 opinion

  1. Cockey v. ColeCourt of Appeals of Maryland · 1868

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