Polk v. Reynolds
Court of Appeals of Maryland
Appeal from the Circuit Court of .Baltimore City. The bill of complaint filed in this case on the 20th of March, 1867, by the appellee, charged that he was the assignee of a mortgage executed by Robert K. Huntt to William Hamilton, covering a certain leasehold interest in a lot improved by two three-story brick dwellings, on Sterrett street in the city of Baltimore, and intended to secure a debt of §1000, "which became due on the 1st of January, 1859, and which at the time…
Read the full summary
Appeal from the Circuit Court of .Baltimore City. The bill of complaint filed in this case on the 20th of March, 1867, by the appellee, charged that he was the assignee of a mortgage executed by Robert K. Huntt to William Hamilton, covering a certain leasehold interest in a lot improved by two three-story brick dwellings, on Sterrett street in the city of Baltimore, and intended to secure a debt of §1000, "which became due on the 1st of January, 1859, and which at the time of filing the bill was wholly unpaid, (the date of said assignment being the 18th of February, 1867;) that on the 16th of…
1Opinion of the CourtAlvey, J.
In this case the decree appealed from must be affirmed; the appellants wholly failing to show any right or title in themselves, and the case falling within the principle of Polk vs. Rose, 25 Md., 153.
It has been insisted by the counsel for the appellants, that the leasehold interest of Huntt had been surrendered to Hamilton, the lessor and mortgagee, before the assignment by the latter to the appellee, and that by such surrender, and the union of the legal and equitable title in the same person, the mortgage had become merged and extinguished, and, consequently, the appellee acquired no right…
2Cases cited1 opinion
- Polk v. Rose ex rel. CinnamondCourt of Appeals of Maryland · 1866
3Cited by18 opinions
- Lowes v. CarterCourt of Appeals of Maryland · 1915
- Dawson v. Western Maryland RailroadCourt of Appeals of Maryland · 1907
- Morgart v. SmouseCourt of Appeals of Maryland · 1906
- Meade v. DennistoneCourt of Appeals of Maryland · 1938
- Mayor of Baltimore v. BrackCourt of Appeals of Maryland · 1939
13 more not listed; retrieve them via the Exa API.