Leonard v. Groome
Court of Appeals of Maryland
Appeal from the Circuit Court for Cecil County, in Equity. Thomas H. P. Murphy and wife by deed of mortgage conveyed to Martha E. Hudson certain real estate situated in Cecil County, Md. On default of the mortgagors, proceedings were had in the’ Circuit Court of said county for the sale of the said mortgaged real estate, a decree- therefor was passed and James Black Groome was appointed trustee to make the sale.
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Appeal from the Circuit Court for Cecil County, in Equity. Thomas H. P. Murphy and wife by deed of mortgage conveyed to Martha E. Hudson certain real estate situated in Cecil County, Md. On default of the mortgagors, proceedings were had in the’ Circuit Court of said county for the sale of the said mortgaged real estate, a decree- therefor was passed and James Black Groome was appointed trustee to make the sale. The property was sold by the trustee to the appellant, and the report of the sale having been filed, an order nisi was passed. The appellant filed the following objection to the…
1Opinion of the CourtStewart, J.
In this case exceptions on the part of the purchaser were filed to the sale made by the trustees appointed hy the Court to foreclose an elder mortgage, alleging amongst other things, that there were outstanding junior liens, the holders of which had not been made parties to these proceedings, and his title was thus encumbered.
The Circuit Court properly overruled the exception and confirmed the sale.
- The right of the purchaser under the sale made in this case is paramount to any junior mortgages or liens, whether the holders of such liens are made parties or not.
They are presumed to have…
2Cases cited1 opinion
- Brawner v. WatkinsCourt of Appeals of Maryland · 1868
3Cited by9 opinions
- G.E. Capital Mortgage Services, Inc. v. LevensonCourt of Appeals of Maryland · 1995
- IA Construction Corp. v. CarneyCourt of Appeals of Maryland · 1996
- Moss v. Annapolis Savings InstitutionCourt of Appeals of Maryland · 1939
- Smith v. PritchettCourt of Appeals of Maryland · 1935
- Conroy v. Southern Maryland Agricultural Ass'nCourt of Appeals of Maryland · 1934
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