Dorsey v. Dorsey
Court of Appeals of Maryland
Apepal from the Circuit Court for Howard County, sitting in Equity. The bill in this case was filed by the appellee against the appellant and others, on the 5th of December, 1863, for the foreclosure of a mortgage executed by the appellant, who at that time was residing in that part of the State of Virginia with whieh the United States was at war.
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Apepal from the Circuit Court for Howard County, sitting in Equity. The bill in this case was filed by the appellee against the appellant and others, on the 5th of December, 1863, for the foreclosure of a mortgage executed by the appellant, who at that time was residing in that part of the State of Virginia with whieh the United States was at war. On the same day an order of publication was passed against the appellant, warning him to appear on or before the 1st day of May, 1864, and answer the bill. On the 4th day of January, 1864, the Court passed an order for the sale of the mortgaged…
1Opinion of the CourtMiller, J.
Waiving a decision of the question whether any of the orders or decrees in this case can be assailed by petition after enrolment, we shall consider the two principal objections urged against them in argument, as if properly presented by this appeal from the order dismissing the appellant’s petition, filed on the 19th of March, 1866.
1st. It has been argued, and the petition avers that the order of the 4th of January, 1864, directing a sale of the mortgaged premises, was illegal and improvidently passed, because passed before the expiration of the period of advertisement required by the order…
2Cited by14 opinions
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