Grove v. Brien
Court of Appeals of Maryland
This case is as follows: Robert Gilmor held two mortgages against Brien, the one dated 22nd day of October 184], for various sums and liabilities, amounting in the aggregate to $114,832.82. The other dated 8th June 1842, for debts and liabilities amounting to $198,495.73. There were certain judgments recovered by sundry creditors of Mr. Brien against him in Washington county court, subsequent to the date of the first mortgage of Mr. Gilmor, and prior to the date of the…
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This case is as follows: Robert Gilmor held two mortgages against Brien, the one dated 22nd day of October 184], for various sums and liabilities, amounting in the aggregate to $114,832.82. The other dated 8th June 1842, for debts and liabilities amounting to $198,495.73. There were certain judgments recovered by sundry creditors of Mr. Brien against him in Washington county court, subsequent to the date of the first mortgage of Mr. Gilmor, and prior to the date of the second, which amounted to about $17,000. Mr. Gilmor being desirous to purchase in these judgments, agreed with the said…
1Opinion of the Court
Eccleston J.,
delivered the opinion of the court.
The important question in this case is, whether, by virtue of the arrangement, entered into between the plaintiff, the Wash*450ington County Bank and R. Gilmor, in regard to the transfer of the judgment, recovered by the bank, against Brien and Grove, to Gilmor, Grove relinquished in favor of Gilmor, the interest from the date of the judgment to the 1st of June 1845, and which Grove had paid, as surety for Brien.
The agreement in evidence, which was signed by certain judgment creditors of Brien, clearly provides, that the parties shall assign their…
2Cases cited1 opinion
- Hollingsworth's Adm'x. v. FloydCourt of Appeals of Maryland · 1827
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