Walker v. Cockey
Court of Appeals of Maryland
Appeal from the Circuit Court for Baltimore County, in Equity. The mortgage in this case, dated the 26th of August, 1872, was executed by the appellant and his wife, to the appellee, Mary E. Cockey, to secure the payment of certain promissory notes.
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Appeal from the Circuit Court for Baltimore County, in Equity. The mortgage in this case, dated the 26th of August, 1872, was executed by the appellant and his wife, to the appellee, Mary E. Cockey, to secure the payment of certain promissory notes. In case of default in any of the conditions of the mortgage, the mortgagee, her heirs, &c., or the appellee, Edward D. McConkey, her and their duly constituted attorney or agent were authorized and empowered to sell the mortgaged property. The appellant having failed to insure the improvements on the mortgaged ground, according to his covenant in…
1Opinion of the CourtMiller, J.
This appeal is from an order dissolving an injunction granted to restrain execution of a power of sale contained in a mortgage. The motion to dissolve was heard upon bill, answer and proof. We shall dispose of the ease by considering the several grounds, as alleged in the bill, upon which the injunction or its continuance may be sup*78posed to rest. Most of these may be dealt with in few words.
1st. The averment that the bond given by the party named in the mortgage to execute the power; was not approved as required by the Code, is denied by the answer and is not supported by any proof in the…
2Cited by13 opinions
- Goldfrank, Frank & Co. v. YoungTexas Supreme Court · 1885
- Owens v. GraetzelCourt of Appeals of Maryland · 1926
- Moore v. CrandallSupreme Court of Iowa · 1910
- Southern Building & Loan Ass'n v. PriceCourt of Appeals of Maryland · 1898
- Ferguson v. SodenSupreme Court of Missouri · 1892
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