Dyson v. Simmons
Court of Appeals of Maryland
Appeal from the Circuit Court for Montgomery County, in Equity. The appeal in this case was taken from a decree directing the sale of the mortgaged premises in the proceedings mentioned, and from an order ratifying certain auditor’s accounts distributing the proceeds of sales, and rejecting others.
Read the full summary
Appeal from the Circuit Court for Montgomery County, in Equity. The appeal in this case was taken from a decree directing the sale of the mortgaged premises in the proceedings mentioned, and from an order ratifying certain auditor’s accounts distributing the proceeds of sales, and rejecting others. By the accounts ratified the judgments rendered on contracts made after the date of the mortgage were •awarded payment in full, and to the mortgage.claim was awarded the balance, less certain expenses, which was not sufficient to pay it in full. Creditors who held judgments obtained on claims…
1Opinion of the CourtAlvey, J.
The bill in this case was filed by the appellee as assignee of Elizabeth A, Simmons, of a mortgage and single bill, for $2500; the single bill being executed by John L. T. Jones, and the mortgage by the said Jones and his wife; both instruments bearing date the 19th of April, 1871. The mortgage was in all respects duly executed and acknowledged by the mortgagors, and the consideration sworn to by the mortgagee ; and it was filed for record within the time prescribed by law, and actually recorded, in Montgomery County, where the land mortgaged is situate; but the acknowledgment and affidavit…
2Cases cited9 opinions
- Alexander v. GhiselinCourt of Appeals of Maryland · 1847
- Tayloe v. Thomson's LesseeSupreme Court of the United States · 1831
- Carson v. PhelpsCourt of Appeals of Maryland · 1874
- Price v. McDonaldCourt of Appeals of Maryland · 1851
- Hampson v. EdelenCourt of Appeals of Maryland · 1806
4 more not listed; retrieve them via the Exa API.
3Cited by60 opinions
- Union Trust Co. v. BiggsCourt of Appeals of Maryland · 1927
- LeBrun v. ProsiseCourt of Appeals of Maryland · 1951
- Caltrider v. CaplesCourt of Appeals of Maryland · 1931
- Equitable Trust Co. v. ImbesiCourt of Appeals of Maryland · 1980
- Stack v. MarneyCourt of Appeals of Maryland · 1969
55 more not listed; retrieve them via the Exa API.