Brown v. Stewart
Court of Appeals of Maryland
Appeal from the Circuit Court for Baltimore County, in Equity. On December 23rd, 1869, Mrs. S. C. Read executed to E. Wyatt Blanchard, trustee of the estate of Charles Waters, deceased, a mortgage of seven lots in' Baltimore County, to secure the re-payment in eight years, of a loan of $10,000, interest meantime to be paid half-yearly.
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Appeal from the Circuit Court for Baltimore County, in Equity. On December 23rd, 1869, Mrs. S. C. Read executed to E. Wyatt Blanchard, trustee of the estate of Charles Waters, deceased, a mortgage of seven lots in' Baltimore County, to secure the re-payment in eight years, of a loan of $10,000, interest meantime to be paid half-yearly. The mortgage was in the usual form, with a proviso, that if the debt should be paid and all covenants performed, the mortgage should be void; an agreement that until default, the mortgagor should retain possession, and a covenant to pay the debt. At-the same…
1Opinion of the CourtAlvey, J.
This is a very plain case, and it requires no extended discussion to decide it.
The mortgage made to Blanchard, as trustee of the estate of Waters, bears date the 23rd of December, 1869; and subsequently thereto Mrs. Read, the mortgagor, becoming insolvent, made a deed of assignment of all her property, of every kind and description, to Stewart and O’Donnell, trustees, for the benefit of her creditors generally ; the deed of assignment providing for payment of the debts according to legal priority.
Prior to the mortgage of the 23rd of December, 1869, now in question, Blanchard had loaned Mrs.…
2Cases cited4 opinions
- Chase v. M'DonaldCourt of Appeals of Maryland · 1826
- Beall v. HarwoodCourt of Appeals of Maryland · 1806
- Gelston v. ThompsonCourt of Appeals of Maryland · 1868
- Owings v. OwingsCourt of Appeals of Maryland · 1830
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- Douglass v. First National Realty CorporationDistrict Court, District of Columbia · 1972
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