Fowler v. Jacob
Court of Appeals of Maryland
Appeal from the Circuit Court for Anne Arundel County, in Equity. On the 26th of January, 1870, Edward Jacob and wife •executed a mortgage to Susan M. Jacob, to secure the payment of a debt of $1,566.00. On the same day he executed to his wife a mortgage on the same property, to secure to her the payment of $2,311.00; and both were recorded at the same time.
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Appeal from the Circuit Court for Anne Arundel County, in Equity. On the 26th of January, 1870, Edward Jacob and wife •executed a mortgage to Susan M. Jacob, to secure the payment of a debt of $1,566.00. On the same day he executed to his wife a mortgage on the same property, to secure to her the payment of $2,311.00; and both were recorded at the same time. Susan M. Jacob filed her hill in equity on the 28th of May, 1872, to forclose her mortgage, and to obtain priority over that which had been executed to Mrs. Jacob. Proof was taken, and a decree was passed on the 2d of November, 1872,…
1Opinion of the CourtStone, J.
The precise question to he decided in this case, is. whether a married woman who has become the purchaser of property at trustee’s sale, and who has failed to pay tho whole purchase money, can he held personally liable for it. Mrs. Jacob the appellee, a feme covert, purchased at a. trustee’s sale, made by order of a Court of equity, certain real estate_lying in Anne Arundel County. The sale was. duly ratified by the Court, and Mrs. Jacob took possession of the land;, and paid a part of the purchase money. She gave, however, no bond for the balance due upon her purchase, hut retained the land…
2Cases cited1 opinion
- Jackson, Brother & Co. v. WestCourt of Appeals of Maryland · 1864
3Cited by4 opinions
- Capron v. DevriesCourt of Appeals of Maryland · 1896
- Galloway v. ShipleyCourt of Appeals of Maryland · 1889
- Smith v. HudsonSupreme Court of Arkansas · 1890
- Mercantile Bank v. Maryland Title Guarantee Co.Court of Appeals of Maryland · 1927