Welch v. Parran
Court of Appeals of Maryland
Appeal from the Court of Chancery. This was an appeal from an order, dissolving an injunction. The bill was filed by the appellant, on the 22nd April 1844, and alleged, that about the month of December 1839, James Tongue, then of Calvert county, now deceased, purchased of John Parran, a tract of land, lying therein, called Elhton Head Manor, containing about 1231 acres, for the sum of $8000j that the said land when so purchased, was covered with large quantities of valuable…
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Appeal from the Court of Chancery. This was an appeal from an order, dissolving an injunction. The bill was filed by the appellant, on the 22nd April 1844, and alleged, that about the month of December 1839, James Tongue, then of Calvert county, now deceased, purchased of John Parran, a tract of land, lying therein, called Elhton Head Manor, containing about 1231 acres, for the sum of $8000j that the said land when so purchased, was covered with large quantities of valuable timber and wood, with the proceeds of the sales of which, the said Tongue expected to pay for the same, and in…
1Opinion of the CourtArcher, J.
The doctrines in reference to the application of payments, have been elaborately examined by the solicitors ; but we apprehend, that so far as regards the interests of the respondent, in the proceeds of sale, refered to in the proceedings, he can have no interest in these questions. As a vendor of the land, he had, as his security, his lien for the purchase money, and the notes given by Tongue with the security of the complainant, Drury and Skinner furnished additional security. He is surely entitled to full payment from the one security, or the other; or if one is insufficient, from the…
2Cited by3 opinions
- Walsh v. McBrideCourt of Appeals of Maryland · 1890
- Carrico v. Farmers & Merchants' National BankCourt of Appeals of Maryland · 1870
- Hale v. BozemanMississippi Supreme Court · 1883