Legal Opinion

Boyd v. Parker

Court of Appeals of Maryland

Decided June 24, 1875PublishedCited by 9 opinions

Appeal from the Circuit Court of Baltimore City. The bill in this case was filed by the appellees against the appellant and others for the foreclosure of the following mortgage, which was properly executed : “This mortgage made this 31st of May, in the year 1869, by Matthew W. Kilgore, of the City of Baltimore in the State of Maryland.

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Appeal from the Circuit Court of Baltimore City. The bill in this case was filed by the appellees against the appellant and others for the foreclosure of the following mortgage, which was properly executed : “This mortgage made this 31st of May, in the year 1869, by Matthew W. Kilgore, of the City of Baltimore in the State of Maryland. “Whereas, Margaret A. Warner, of the City of Baltimore aforesaid, has this day endorsed three promissory notes all of even date herewith, drawn by the said Matthew W. Kilg'ore, each note for the sum of five hundred and seventy-five dollars and fifty cents, and…

1Opinion of the Court

Bartol, O. J.,

delivered tbe opinion of tbe Court.

The questions presented by this appeal, are

1st. Whether tbe promissory notes held by the appellees, and.exhibited with the bill of complaint are the same notes as are mentioned in Kilgore’s mortgage of May 31st, 1869?

2nd. Whether the mortgage according to its true construction and effect, was a mere indemnity to Mrs. Warner to secure her against loss, by reason of her endorsement, or was a security for the payment of the notes themselves to the holders thereof?

3rd. Whether if the latter be its true construction, the appellant is entitled, as a…

2Cases cited6 opinions

  1. Woollen v. HillenCourt of Appeals of Maryland · 1850
  2. Horwitz v. EllingerCourt of Appeals of Maryland · 1869
  3. Alderson v. AmesCourt of Appeals of Maryland · 1854
  4. Brawner v. WatkinsCourt of Appeals of Maryland · 1868
  5. Walker v. StoneCourt of Appeals of Maryland · 1863

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Demuth v. Old Town BankCourt of Appeals of Maryland · 1897
  2. G.E. Capital Mortgage Services, Inc. v. LevensonCourt of Appeals of Maryland · 1995
  3. Durham v. CraigIndiana Supreme Court · 1881
  4. Green v. Western National BankCourt of Appeals of Maryland · 1897
  5. Graham v. BlinnWyoming Supreme Court · 1892

4 more not listed; retrieve them via the Exa API.

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