Legal Opinion

Woollen v. Hillen

Court of Appeals of Maryland

Decided December 15, 1850PublishedCited by 19 opinions

Appeal from the equity side of Baltimore county court. This appeal was taken by the appellants from two orders of the court below, the one, of the 2d of March, 1849, directing the auditor of that court to state an account, allowing priority to a mortgage held by the testator of the appellee, in the distribution of the funds arising from the sale of certain mortgaged real estate, sold under a decree obtained upon a bill filed by the executor of Woollen, one of the appellants;…

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Appeal from the equity side of Baltimore county court. This appeal was taken by the appellants from two orders of the court below, the one, of the 2d of March, 1849, directing the auditor of that court to state an account, allowing priority to a mortgage held by the testator of the appellee, in the distribution of the funds arising from the sale of certain mortgaged real estate, sold under a decree obtained upon a bill filed by the executor of Woollen, one of the appellants; the other dated 29th of March, 1849, ratifying the account, stated in conformity with the preceding order. The facts of…

1Opinion of the CourtSpence, J.

The prominent facts in this case, and those upon Which it must be decided, are as follows.

On the 27th day of July, 1826, Tschudy executed a mortgage to Hillen and Brice to secure the payment of certain sums of money. This mortgage to Hillen and Brice, included only a part of the land owned by Tschudy in Baltimore county. On the 2nd of June 1827, Tschudy and wife executed a-mortgage to Mary Kurtz, to secure the payment of $1000. This mortgage included the ninety acres of land in Baltimore county, and certain lots of ground in- Baltimore city, which *193belonged to the wife of Tschudy. On the 17th…

2Cited by19 opinions

  1. G.E. Capital Mortgage Services, Inc. v. LevensonCourt of Appeals of Maryland · 1995
  2. Milholland v. TiffanyCourt of Appeals of Maryland · 1886
  3. Ahern v. WhiteCourt of Appeals of Maryland · 1874
  4. Dorsey v. BeadsCourt of Appeals of Maryland · 1980
  5. Heuisler v. NickumCourt of Appeals of Maryland · 1873

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