David v. Grahame
Court of Appeals of Maryland
Appear from a decree of Calvert County Court, sitting as a Court of Equity. The bill of the complainant, (now appellee,) filed on the 7th of October 1825, stated that Joseph David, deceased, the father of the defendants, (now appellants,) being indebted to him in the sum of ¿0430, executed to him his bond for the payment thereof, with interest thereon; and for securing the payment thereof, on the 7th of October 1808, executed to the complainant a deed of mortgage of a lot of…
Read the full summary
Appear from a decree of Calvert County Court, sitting as a Court of Equity. The bill of the complainant, (now appellee,) filed on the 7th of October 1825, stated that Joseph David, deceased, the father of the defendants, (now appellants,) being indebted to him in the sum of ¿0430, executed to him his bond for the payment thereof, with interest thereon; and for securing the payment thereof, on the 7th of October 1808, executed to the complainant a deed of mortgage of a lot of ground in the town of Lower Marlborough, with a proviso, that if the money was paid on or before the 6th of October…
1Opinion of the Court
Buchanan. Ch. J.
delivered the opinion of the Court. Three questions have been raised and submitted to the court in this case.
1. Whether there should not have been a decree to account, and the amount of the sum due ascertained, before the decree for a sale of the land was passed.
2. Whether the executor or administrator of the father of the appellants, the defendants below, should not have been made a party.
3. Whether instead of an absolute decree for the sale of the land, a day should not have been given in the decree to the ap* pellants for bringing the sum due into court.
The answer to the…
2Cited by6 opinions
- Macgill v. HyattCourt of Appeals of Maryland · 1894
- Johnson v. RobertsonCourt of Appeals of Maryland · 1869
- McLaughlin v. McGeeCourt of Appeals of Maryland · 1917
- Plumb v. BatemanDistrict of Columbia Court of Appeals · 1894
- Hammond v. HammondHigh Court of Chancery of Maryland · 1828
1 more not listed; retrieve them via the Exa API.