Carter v. Dennison
Court of Appeals of Maryland
Appeal from Baltimore county court. On the 20th of October 1846, John Spear Smith applied to the commissioners of insolvent debtors of the city and county of Baltimore, for the benefit of the insolvent laws. He was granted a final discharge in March 1847, having reported among his creditors.
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Appeal from Baltimore county court. On the 20th of October 1846, John Spear Smith applied to the commissioners of insolvent debtors of the city and county of Baltimore, for the benefit of the insolvent laws. He was granted a final discharge in March 1847, having reported among his creditors. “Marcus Dennison for $15,000, secured by mortgage, part, if not all, in dispute,” and Margaret and Mary Smith, $20,000. John Glenn was appointed his permanent trustee, and gave an approved bond on tho 20th of October 1846. On the 3rd of November, the trustee was directed by Baltimore county court, to…
1Opinion of the Court
Frick X.,
delivered the opinion of this court.
The present appeal is from an order of Baltimore county court, passed in certain proceedings had before that court, in the case of John Spear Smith, an insolvent debtor, in relation to the distribution of the funds arising from the sale of the real estate belonging to the insolvent, among the various lien and mortgage creditors of the said insolvent.
The first mortgage in priority, dated in 1840, is from Margaret Smith, the mother, (who at that time was the owner of the property,) to the appellee, and purports to be for the sum of $16,000, lent and…
2Cases cited5 opinions
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- M'Culloh v. Dashiell's Adm'rCourt of Appeals of Maryland · 1827
- Ellicott v. EllicottCourt of Appeals of Maryland · 1833
- Trumbo v. BlizzardCourt of Appeals of Maryland · 1833
- West v. BeanesCourt of Appeals of Maryland · 1815