Bank of Commerce v. Owens
Court of Appeals of Maryland
Appeal from tbe Superior Court of Baltimore City. The late Dr. James S. Owens being seized in fee of two farms in Anne Arundel county, executed, with the concurrence of his wife, the present appellee, two mortgages. The first, bearing date the 6th of April, 1863, conveyed one of the farms to Mrs. Henry, to secure a loan of $4000, payable five years after date, and the interest thereon.
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Appeal from tbe Superior Court of Baltimore City. The late Dr. James S. Owens being seized in fee of two farms in Anne Arundel county, executed, with the concurrence of his wife, the present appellee, two mortgages. The first, bearing date the 6th of April, 1863, conveyed one of the farms to Mrs. Henry, to secure a loan of $4000, payable five years after date, and the interest thereon. The other, bearing date the 25th of the same month, conveyed the other farm to the Chesapeake Bank, to secure the payment of his note for the like sum of $4000, and the interest thereon, with privilege of…
1Opinion of the CourtRobinson, J.
Two questions arise upon this appeal: First, is the appellee entitled to dower, and secondly, if so, is she dowable in the whole proceeds arising from the sale of the mortgaged premises, or in the surplus only, after the payment of the mortgage debts ?
On the part of the appellant it is insisted, that by the execution of the mortgages she parted with her inchoate right of dower in the legal estate, and that by the subsequent assignment of the husband under the deed of trust, her dower was barred in the equitable estate. In other words, it is held that the wife is not entitled to dower in an…
2Cases cited6 opinions
- Vartie v. UnderwoodNew York Supreme Court · 1854
- Harrow v. JohnsonCourt of Appeals of Kentucky · 1861
- Georges Creek Coal & Iron Company's Lessee v. DetmoldCourt of Appeals of Maryland · 1851
- Johns v. ReardonCourt of Appeals of Maryland · 1857
- Titus v. NeilsonNew York Court of Chancery · 1821
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- In Re PowellCourt of Criminal Appeals of Oklahoma · 1912
- Leach v. RainsIndiana Supreme Court · 1897
- Rabbitt v. GaitherCourt of Appeals of Maryland · 1887
- Glenn v. ClarkCourt of Appeals of Maryland · 1880
- Selb v. MontagueIllinois Supreme Court · 1882
5 more not listed; retrieve them via the Exa API.