Log Cabin Permanent Building Ass'n v. Gross
Court of Appeals of Maryland
Appeal from the Circuit Court of Baltimore City. The Court below (Dennis, J.) being of opinion that the plaintiff, Christian Gross, had overpaid the mortgage indebtedness due to the defendant Building Association, upon the two mortgages .mentioned in the proceedings, by the amount of $50.89, and that said sum should be returned, passed a decree requiring the defendant to pay said sum to the plaintiff, and to release said mortgages.
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Appeal from the Circuit Court of Baltimore City. The Court below (Dennis, J.) being of opinion that the plaintiff, Christian Gross, had overpaid the mortgage indebtedness due to the defendant Building Association, upon the two mortgages .mentioned in the proceedings, by the amount of $50.89, and that said sum should be returned, passed a decree requiring the defendant to pay said sum to the plaintiff, and to release said mortgages. From this decree, as also from a previous order rejecting the auditor’s report, and ratifying the account stated at the instance of the plaintiff, the defendant…
1Opinion of the CourtRobinson, J.
The appellee, Gross, bought of Jacob Saurn, two lots of ground in Baltimore City, one on Fulton street, and *457the other on Eagle street. Each of these pieces of property was, at the time of the purchase, encumbered by a mortgage to the appellant Building Association. The mortgage on the Pulton street property had been created by Sarah P. Carle, and her husband, from whom Saum, the grantor of the appellee, acquired title; and the Eagle street property had been mortgaged by Saum himself.
Now, in the view we take of this case, it is quite unnecessary to consider whether these mortgage transactions…
2Cases cited1 opinion
- Hough v. HorseyCourt of Appeals of Maryland · 1872
3Cited by3 opinions
- Hiner v. WhitlowSupreme Court of Arkansas · 1899
- Washington National Building & Loan Ass'n v. AndrewsCourt of Appeals of Maryland · 1902
- Middle States Loan, Building & Construction Co. v. BakerCourt of Appeals for the D.C. Circuit · 1901