Legal Opinion

Appold v. Prospect Building Ass'n

Court of Appeals of Maryland

Decided February 21, 1873PublishedCited by 3 opinions

Appeal from the Circuit Court for Baltimore County, in Equity. On the 5th of November, 1869, The Prospect Building Association filed a hill in Equity for the sale of the estate and interest of Andrew J. Wilcox, in certain property situate in Baltimore county, which he had mortgaged to the complainant.

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Appeal from the Circuit Court for Baltimore County, in Equity. On the 5th of November, 1869, The Prospect Building Association filed a hill in Equity for the sale of the estate and interest of Andrew J. Wilcox, in certain property situate in Baltimore county, which he had mortgaged to the complainant. On the 4th of March, 1870, Wilcox, who was made the sole defendant., answered, ‘ ‘ neither admitting nor denying the matters and things alleged” in the bill of complaint, “ hut, challenging the proof thereof.” The Court passed a decree 'for the sale of the property, and it was sold. Prior to the…

1Opinion of the CourtStewart, J.

From a review of the record of the proceedings in this cause, it is manifest that there has béen such irregularity, and the case is so involved, that the reversal of particular orders only would not meet the substantial ends of justice, between the parties interested. The Building Association, the mortagee that instituted the proceeding — John Spear Nicholas, the vendor of the property to the defendant — -certain creditors who have intervened — the widow and children of the defendant — the purchaser, who is interested in procuring an available title, under a valid sale, have all to some…

2Cited by3 opinions

  1. Gillooley v. VaughanSupreme Court of Florida · 1926
  2. Hardy v. SmithCourt of Appeals of Maryland · 1874
  3. Spedden v. Baltimore Refrigerating & Heating Co.Court of Appeals of Maryland · 1912

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