Alexander v. Fidelity & Deposit Co.

The cross- appeals in this case are from an order sustaining exceptions to two alternative auditor’s accounts, distributing the proceeds of sale of mortgaged property sold under the decree of a Court of equity and giving directions for the state ment of a new account. The contesting claimants to the fund are John E. Alexander, who claims under an alleged assignment of the mortgage, and the Fidelity and Deposit Company of Maryland, which claims under an alleged right of subrogation which will be more fully stated later on in this opinion.

The facts giving rise to the controversy may be stated…