Smith v. Myers
Court of Appeals of Maryland
Appeal from tlie Circuit Court for Carroll County, in Equity. On the 1st of March, 1871, Henry Poole and wife, and Naomi Poole, executed to Andrew J. Myers a mortgage to secure the payment of $5000, alleged to be due to the said Myers by the said Henry on his promissory note of the same date, payable three years after date, with interest thereon, to be paid semi-annually. The mortgage contained a power authorizing the mortgagee to sell in default of any of its conditions.
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Appeal from tlie Circuit Court for Carroll County, in Equity. On the 1st of March, 1871, Henry Poole and wife, and Naomi Poole, executed to Andrew J. Myers a mortgage to secure the payment of $5000, alleged to be due to the said Myers by the said Henry on his promissory note of the same date, payable three years after date, with interest thereon, to be paid semi-annually. The mortgage contained a power authorizing the mortgagee to sell in default of any of its conditions. The mortgagee made affidavit in the usual form “ that the consideration in said mortgage was true and bona fide as therein…
1Opinion of the Court
Brent, .J.,
delivered the. opinion of the Court.
The record in this case is so very limited, that we have been somewhat embarrassed in our examination of the questions presented. It contains nothing hut the short docket entries, and the opinion and decree of the Court below. We refer to this, that we may express our disapproval. The record ought certainly to contain such of the original papers as are necessary to present the case with sufficient fulness.
As it is, we are restricted to the opinion of the Court to learn anything of the facts and proceedings in the case. This to say the least, is…
2Cited by11 opinions
- Stack v. MarneyCourt of Appeals of Maryland · 1969
- Owens v. GraetzelCourt of Appeals of Maryland · 1924
- Pagenhardt v. WalshCourt of Appeals of Maryland · 1968
- Govane Building Co. v. Sun Mortgage Co.Court of Appeals of Maryland · 1929
- Kirsner v. Sun Mortrage Co.Court of Appeals of Maryland · 1928
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