Johnson v. Robertson
Court of Appeals of Maryland
Appeal from the Circuit Court for Frederick County, in Equity. On the 31st December, 1855, B. T. Johnson executed a mortgage on a certain house and lot, in the town of Frederick, to Barbara Robertson, and on the 13th May, 1861, he conveyed the mortgaged property to ¥m. J. Ross, in trust for Jane C. Johnson, his wife.
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Appeal from the Circuit Court for Frederick County, in Equity. On the 31st December, 1855, B. T. Johnson executed a mortgage on a certain house and lot, in the town of Frederick, to Barbara Robertson, and on the 13th May, 1861, he conveyed the mortgaged property to ¥m. J. Ross, in trust for Jane C. Johnson, his wife. On the 2d day of October, 1861, Barbara Robertson filed a bill of foreclosure in the Circuit Court for Frederick County against Johnson and wife, and Ross, trustee, setting out the existence of the mortgage, the conveyance of the mortgaged premises, and praying a subpoena to…
1Opinion of the CourtBaktol, C. J.
The decree from which this appeal was taken, was passed on the 4th day of April, 1862. On the 81st day of December, 1867, the appellants, Johnson and wife, filed their petition in the Circuit Court, alleging that the decree was obtained by mistake, which was not discovered by them until the day before the filing of the petition, and praying to be permitted to appeal. The facts alleged in the petition were verified by the oath of B. T. Johnson.
Upon this affidavit, under the ruling in Oliver vs. Palmer & Hamilton, 11 G. & J., 137, and Herbert vs. Rowles, 30 Md., 271, the appeal is properly…
2Cases cited8 opinions
- Herbert v. RowlesCourt of Appeals of Maryland · 1869
- Oliver v. Palmer & HamiltonCourt of Appeals of Maryland · 1840
- Powles v. DilleyCourt of Appeals of Maryland · 1850
- Harwood v. JonesCourt of Appeals of Maryland · 1839
- Fitzhugh v. McPhersonCourt of Appeals of Maryland · 1837
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3Cited by10 opinions
- Hauver v. DorseyCourt of Appeals of Maryland · 1962
- County Commissioners v. ClarkeCourt of Appeals of Maryland · 1872
- Gittings v. Mayor of BaltimoreCourt of Appeals of Maryland · 1902
- Sprigg v. Western Telegraph Co.Court of Appeals of Maryland · 1877
- Central Trust Co. v. H. B. Mehring Co.Court of Appeals of Maryland · 1928
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