Johns v. Scott
Court of Appeals of Maryland
Appeal from the Court of Chancery. This appeal was taken from the decision of the chancellor, (Johnson,) reported in 3rdMd.
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Appeal from the Court of Chancery. This appeal was taken from the decision of the chancellor, (Johnson,) reported in 3rdMd. Chancery Decisions, 57. The only question in the case was, whether a prior mortgage to the appellant, duly recorded, but defectively acknowledged in that the acknowledgment was made before two justices of the city of Baltimore, instead of Harford county, where the land ■was situated, was entitled to a preference over a subsequent mortgage of the same land to the appellee, Scott, duly executed, acknowledged, and recorded, there being no proof that Scott, at the time of…
1Opinion of the CourtLe Grand, C. J.
We concur with the opinion of the chancellor in this case. Besides which, the point involved in it has been expressly decided by this court in the case of Price and Bevans vs. McDonald, et al., 2 Maryland Rep., 403. In that case, as in this, the deed was recorded, but had been defectively acknowledged. The court held, that such registration could not aífect a bona fide purchaser without notice. In the case before us the appellee Scott, swears, in his answer, that he had no knowledge of the previous deed of Reardon and wife to the appellant, and there is no proof to the contrary.
Decree…
2Cited by8 opinions
- Tavenner v. BarrettWest Virginia Supreme Court · 1883
- Stevens v. HamptonSupreme Court of Missouri · 1870
- 11 Collier bankr.cas.2d 648, Bankr. L. Rep. P 70,061 in Re Hartman Paving, Inc., South Berkeley Lumber & Supply, Inc., Debtors-In-Possession. Thomas G. Pyne v. Hartman Paving, Inc.Court of Appeals for the Fourth Circuit · 1984
- Cockey v. Milne's lesseeCourt of Appeals of Maryland · 1860
- Cloverfields Improvement Ass'n v. Seabreeze Properties, Inc.Court of Appeals of Maryland · 1977
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