Commercial Building & Loan Ass'n v. Mackenzie
Court of Appeals of Maryland
Appeal from an order of Circuit Court No. 2, of Baltimore City (Harlan, C. J.), sustaining exceptions to the mortgage sale reported in this case and declaring the mortgage to be null and void.
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Appeal from an order of Circuit Court No. 2, of Baltimore City (Harlan, C. J.), sustaining exceptions to the mortgage sale reported in this case and declaring the mortgage to be null and void. The exceptions filed by the appellees were as follows : First. — That on' the 2nd day of March, 1895, the said William McCarty made to your exceptants a deed of trust for the benefit of creditors, as will appear from the copy of said deed filed in this Court in the exparte matter of William McCarty, a petition in which cause was filed on the 3rd day of March, 1896, asking this Court to assume…
1Opinion of the CourtBryan, J.
William McCarty executed a mortgage on certain leasehold property in the city of Baltimore to the Commercial Building and Loan Association of Richmond, Virginia. The mortgagee is a body politic and corporate under the laws of Virginia. By due proceedings the mortgaged property was sold, and in regular course exceptions were filed to the ratification of the sale. The second exception maintains that according to the Act of 1894, chapter 629, the mortgage is null and void. As this exception goes to the root of the whole matter, it is best to consider it before giving our attention to other…
2Cases cited8 opinions
- American Casualty Insurance Company's CaseCourt of Appeals of Maryland · 1896
- Robertson v. American Homestead Ass'nCourt of Appeals of Maryland · 1857
- Byrne v. GunningCourt of Appeals of Maryland · 1891
- Lewis v. FisherCourt of Appeals of Maryland · 1894
- Middle States Loan, Building & Construction Co. v. Hagerstown Mattress & Upholstery Co.Court of Appeals of Maryland · 1896
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Jones v. GordyCourt of Appeals of Maryland · 1935
- Buckey v. WhiteCourt of Appeals of Maryland · 1920
- Diamond Match Co. v. State Tax CommissionCourt of Appeals of Maryland · 1938
- Gosma v. AdamsSupreme Court of Florida · 1931
- Le Sueur v. Manufacturers' Finance Co.Court of Appeals for the Sixth Circuit · 1922
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