Mantz v. Buchanan
High Court of Chancery of Maryland
[On the 22d May, 1830, the late Honorable John Buchanan, of Washington county, being indebted to Casper Mantz, in the sum of ten thousand dollars, in Order to secure its payment, with interest, in two years, executed to him a mortgage of the farm on which he then resided; and his wife united in the acknowledgment of the deed, for the purpose of relinquishing her dower.
Read the full summary
[On the 22d May, 1830, the late Honorable John Buchanan, of Washington county, being indebted to Casper Mantz, in the sum of ten thousand dollars, in Order to secure its payment, with interest, in two years, executed to him a mortgage of the farm on which he then resided; and his wife united in the acknowledgment of the deed, for the purpose of relinquishing her dower. Mantz died in the year 1839, and on the 17th January, 1844, a bill was filed in this court by his administrators, c. t. a., for a sale of the mortgaged premises. A decree was accordingly passed on the 27th February, 1844; and…
1Opinion of the Court
The Chancellor:
It has been argued by the solicitor of the judgment creditor, that Mrs. Buchanan, by the proceeding in Washington County Court, assigning her dower in these lands, has made her election to take in that form, and that she cannot now claim any part of the purchase money. There can be no doubt that a wife, notwithstanding she joins her husband in the mortgage, may nevertheless take her dower in the lands, subject to the mortgage, and that she has a right to redeem and may call on the personal representatives of her deceased husband, to apply the personal assets to the…
2Cases cited3 opinions
- Stelle v. CarrollSupreme Court of the United States · 1838
- Titus v. NeilsonNew York Court of Chancery · 1821
- Tabele v. TabeleNew York Court of Chancery · 1814
3Cited by3 opinions
- Cunningham v. CunninghamCourt of Appeals of Maryland · 1930
- Hewitt v. CoxSupreme Court of Arkansas · 1891
- Reed v. CampbellU.S. Circuit Court for the District of District of Columbia · 1862