Legal Opinion

Robertson v. American Homestead Ass'n

Court of Appeals of Maryland

Decided June 15, 1857PublishedCited by 32 opinions

Appeal from the Circuit Court for Baltimore city. On the 1st of May 1853, the appellant executed to “The American Homestead Association of the city of Baltimore,” a mortgage of a leasehold interest in a lot of ground in the city of Baltimore.

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Appeal from the Circuit Court for Baltimore city. On the 1st of May 1853, the appellant executed to “The American Homestead Association of the city of Baltimore,” a mortgage of a leasehold interest in a lot of ground in the city of Baltimore. This deed states that: “Whereas, the said Jesse Robertson is a member of the said association, duly incorporated, and it is a condition precedent to the money below named being loaned to him, that these presents should be executed, therefore he executes the same: Now this indenture witnesseth, that the said Jesse Robertson, in consideration of the…

1Opinion of the CourtBartol, J.

’ It has been decided by this court, that from a decree passed under the act of 1833, ch. 181, and its supplements, an appeal lies. Williams vs. Williams, 7 Gill, 302. Hays vs. Dorsey, 5 Md. Rep., 99. On such appeal, this court will review the proceedings as presented by the record, examine the terms and conditions of the mortgage, and determine whether the decree is in conformity therewith. In a proceeding under that act the court has no power to pass any decree, which is not in conformity with the conditions of the mortgage, and embraced in the terms of assent to the decree, contained in…

2Cases cited2 opinions

  1. Williams v. WilliamsCourt of Appeals of Maryland · 1848
  2. Hays v. DorseyCourt of Appeals of Maryland · 1853

3Cited by32 opinions

  1. Carozza v. Federal Finance & Credit Co.Court of Appeals of Maryland · 1925
  2. Washington Investment Ass'n v. StanleyOregon Supreme Court · 1901
  3. Williar v. Baltimore Butchers' Loan & Annuity Ass'nCourt of Appeals of Maryland · 1877
  4. Low Street Building Ass'n, No. 6 ex rel. Hennighausen v. ZuckerCourt of Appeals of Maryland · 1878
  5. McDonnell v. De Soto Savings & Building Ass'nSupreme Court of Missouri · 1903

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