Oesterla v. Gaither
Court of Appeals of Maryland
Appeal from a decree of the Circuit Court for Howard County (Jones, J.), dismissing the bill of complaint. The prayer of the bill was as follows : (i). That the alleged short release of mortgage made and executed by the said Stephen G. Hood, executor, on the thirty-first day of May, eighteen hundred and eighty-seven, may be declared null and void.
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Appeal from a decree of the Circuit Court for Howard County (Jones, J.), dismissing the bill of complaint. The prayer of the bill was as follows : (i). That the alleged short release of mortgage made and executed by the said Stephen G. Hood, executor, on the thirty-first day of May, eighteen hundred and eighty-seven, may be declared null and void. (2). That said original mortgage made by said John Eugene Buck and wife, to said Sarah Hood, bearing date of April twenty-second, eighteen hundred and seventy-four, may be declared in full force and effect, and decreed to be paid, and its payment…
1Opinion of the CourtFowler, J.
On the 22nd April, 1874, John Eugene Buck and his wife, Josephine Buck, executed a mortgage on his farm in Howard County, to his wife’s mother, Sarah Hood, to secure the payment of a promissory note to her for $2,752.63. This mortgage was duly recorded. Mrs. Hood died in 1887, leaving the mortgage note and mortgage as part of her estate. As such, her executor, Stephen G. Hood, became possessed of them. On the 20th May, 1887, the mortgage was released by the executor by order of the Orphans’ Court of Howard County upon the petition of Buck and wife. This petition alleges that the petitioners…
2Cases cited4 opinions
- Evans v. IglehartCourt of Appeals of Maryland · 1834
- State v. RobinsonCourt of Appeals of Maryland · 1882
- Miller v. WilliamsonCourt of Appeals of Maryland · 1853
- Siechrist v. BoseCourt of Appeals of Maryland · 1898
3Cited by10 opinions
- Johnson v. WebsterCourt of Appeals of Maryland · 1935
- Goldsborough v. De WittCourt of Appeals of Maryland · 1937
- Smith v. MichaelCourt of Appeals of Maryland · 1910
- B. O. R.R. Co. v. SilbereisenCourt of Appeals of Maryland · 1913
- M. R. Johnston Coffee Co. v. PageCourt of Appeals of Maryland · 1931
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