Hays v. Dorsey
Court of Appeals of Maryland
Appeal from (he Equity Side of the Superior Court for-Baltimore city. This appeal was taken from a decree of the court below for the sale of certain mortgaged premises, passed upon a mort-' gage executed under the acts of 1833, ch. 181, and 1836, ch. 249. The facts of the case are fully stated in the opinion of this court. argued, that the decree was erroneous, because— 1st. The affidavit required by the act of 1833, ch. 181, should have been madejotw to the decree, and by…
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Appeal from (he Equity Side of the Superior Court for-Baltimore city. This appeal was taken from a decree of the court below for the sale of certain mortgaged premises, passed upon a mort-' gage executed under the acts of 1833, ch. 181, and 1836, ch. 249. The facts of the case are fully stated in the opinion of this court. argued, that the decree was erroneous, because— 1st. The affidavit required by the act of 1833, ch. 181, should have been madejotw to the decree, and by Miller and Arthur, the holders of the notes, to secure which the mortgage was given. The manifest design of the third…
1Opinion of the CourtLe Grand, C. J.
This is an appeal from a decree of the Superior court, for Baltimore city, sitting as a court of equity. '
It appears from the record that the appellant, to secure the payment of certain promissory notes, payable to Messrs. Arthur and Miller, of the State of Missouri, executed to the appellee, on the 16th day of March 184S, a mortgage in trust for the benefit of the paj'ees of the promissory notes. The mortgage was executed under the acts of Assembly of 1836, ch. 249, and 1833, ch. 181.
On the 28th March 1851, all the notes being due, the appellee filed his petition praying a decree for the…
2Cited by12 opinions
- Simard v. WhiteCourt of Appeals of Maryland · 2004
- Robertson v. American Homestead Ass'nCourt of Appeals of Maryland · 1857
- Connaughton v. BernardCourt of Appeals of Maryland · 1897
- Ahrens v. IjamsCourt of Appeals of Maryland · 1930
- Hardy v. GibsonCourt of Appeals of Maryland · 1957
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