Chase v. M'Donald
Court of Appeals of Maryland
Appeal from the Court of Chancery. The complainants in the court below, (now appellees,) filed their bill on the 28th oí June 1821, against Samuel, Thomas, Richard M. and Jeremiah T Chase, and The Farmers’ Bank of Maryland, The City Bank of Baltimore, and T. Lytle. As the facts in the case are sufficiently stated in fhe decree of the Chancellor, before whom the. cause was fully argued, it is unnecessary to state them here.
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Appeal from the Court of Chancery. The complainants in the court below, (now appellees,) filed their bill on the 28th oí June 1821, against Samuel, Thomas, Richard M. and Jeremiah T Chase, and The Farmers’ Bank of Maryland, The City Bank of Baltimore, and T. Lytle. As the facts in the case are sufficiently stated in fhe decree of the Chancellor, before whom the. cause was fully argued, it is unnecessary to state them here. Johnson, Chancellor, (July Term 1823.) The complainants filed their bill to obtain a decree for the sale oí the property included in two deeds, the first, executed by S.…
1Opinion of the CourtStephen, J.
at this term delivered the opinion of the Court. [After stating the allegations in the bill, answers and plea, he proceeded as follows:]
In this case several important principles of equitable jurisprudence present themselves for the consideration and decision of this court. Among them will be found the doctrine of tacking, as it is termed by the writers on chancery law, which gives a mortgagee or incumbrancer, under certain circumstances, the right, not only to have the debt, secui’ed by a mortgage, satisfied out of the mortgaged property, but also other claims or demands which the mortgagee…
2Cited by11 opinions
- Compton v. JesupCourt of Appeals for the Sixth Circuit · 1895
- Shirk v. SoperCourt of Appeals of Maryland · 1923
- Carpenter v. PlaggeIllinois Supreme Court · 1901
- Brown v. StewartCourt of Appeals of Maryland · 1881
- Raith v. New Baltimore Building & Loan Ass'nCourt of Appeals of Maryland · 1922
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