Title Guarantee & Trust Co. v. Wheatfield
Court of Appeals of Maryland
Appeal from the Circuit Court of Baltimore City. (Boed, J.) The facts are stated in the opinion of the Court.
1Opinion of the CourtUrner, J.
The appellee is the holder of a third mortgage on certain real estate in Baltimore City, and the foreclosure of the second mortgage having produced a fund insufficient for the satisfaction of both claims, the exceptions before us were filed bv the appellee in opposition to the payment in full of the preceding lien upon the ground that the loan it secured was usurious. A preliminary issue has been raised as to the right of the third mortgagee to dispute the amount of the second mortgage indebtedness. The principle, however, is settled in this State that, in the absence of an agreement on the…
2Cases cited20 opinions
- Grant v. Phœnix Life InsuranceSupreme Court of the United States · 1887
- Call v. PalmerSupreme Court of the United States · 1885
- Graham v. FittsSupreme Court of Florida · 1907
- Andrews v. PoeCourt of Appeals of Maryland · 1869
- Keagy v. TroutSupreme Court of Virginia · 1888
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3Cited by4 opinions
- Chakales v. DjiovanidesSupreme Court of Virginia · 1933
- McCall v. SmithWashington Supreme Court · 1935
- Nevels v. HarrisCourt of Appeals of Texas · 1936
- Ehrhart v. Preferred Building & Loan Ass'nCourt of Appeals of Maryland · 1929