Border State Perpetual Building Ass'n v. Hilleary
Court of Appeals of Maryland
Appeal from the Circuit Court of Baltimore City. This appeal was taken from an order finally ratifying the report and account of the auditor which showed an overpayment by the appellee, James A. Hilleary, to the appellant. The case is stated in the opinion of the Court.
1Opinion of the CourtRobinson, J.
This is a bill filed for the release of a mortgage. The facts are these: The appellant Association advanced to the appellee Hilleary $1040, being the par value of four shares of its stock held by him, and to secure the payment of the money thus advanced, Hilleary and his wife executed to the Association a mortgage.
Hilleary from time to time continued to make bi-weekly payments of interest and dues according to the terms of the mortgage, until the whole sum thus paid by him, amounted to one-half at least of the mortgage. Such be*54ing the case and not wishingoto continue the payment of interest…
2Cases cited1 opinion
- Border State Perpetual Building Ass'n v. HayesCourt of Appeals of Maryland · 1884
3Cited by4 opinions
- Carozza v. Federal Finance & Credit Co.Court of Appeals of Maryland · 1925
- Brenner v. PlittCourt of Appeals of Maryland · 1943
- Watson v. Alice Anna Street Loan & Savings Ass'nCourt of Appeals of Maryland · 1930
- Lovett v. Calvert Mortgage & Deposit Co.Court of Appeals of Maryland · 1907