Ing v. Cromwell
Court of Appeals of Maryland
Appeal from the Equity Side of Baltimore county court. The appellant executed a mortgage to the appellee, dated the 5th of November 1849, of certain lots in the city of Baltimore, to secure the payment of $3600, and interest thereon, for the principal of which he had passed to the mortgagee his promissory note, of even date with the mortgage, payable in three years, and for the interest, his six notes also bearing even dale with the mortgage and payable respectively at six,…
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Appeal from the Equity Side of Baltimore county court. The appellant executed a mortgage to the appellee, dated the 5th of November 1849, of certain lots in the city of Baltimore, to secure the payment of $3600, and interest thereon, for the principal of which he had passed to the mortgagee his promissory note, of even date with the mortgage, payable in three years, and for the interest, his six notes also bearing even dale with the mortgage and payable respectively at six, twelve, eighteen, twenty-four, thirty and thirty-six months. The condition was, that the mortgage should be void upon…
1Opinion of the CourtMason, J.
We find no errror in the decree of the court below. The application for a sale was not made till after default by the mortgagor, and therefore no sale could take place till after such default. By reference to the act of 1833, ch. 181, sec. 2, the court is only restricted in fixing the time for a sale, “ to one of the periods limited in said conveyance for the forfeiture of said mortgage.”
The act further provides, that the court shall prescribe such terms of sale as shall seem proper. Under this authority it was clearly within the power of the court to direct, as one of the terms of sale, that…
2Cited by1 opinion
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