Better v. Williams

This appeal is from a decree of the Circuit Court of Baltimore City sustaining exceptions to a sale reported by a trustee under a mortgage foreclosure proceeding instituted on November 25, 1952, and vacating the salé. The decree was based on the Chancellor’s finding that the mortgagor was not in default on the date of the first advertisement of sale, on December 17, 1952, or on the date of the sale, January 8, 1953, and that any prior defaults had been' waived by the mortgagees. The appellee has filed a motion to dismiss the appeal, on the ground that material evidence is omitted from the…