Watson v. Bane
Court of Appeals of Maryland
Appeal from the equity side of the Circuit Court for Allegany County. This appeal was taken from a decree of the court below, (Perry, J.,) for the sale of certain mortgaged real estate, upon a bill filed by the mortgagee, Winters, and directing how the proceeds of sale should be distributed between the mortgagee, Watson, a judgment creditor of Bane, one of the mortgagors, and the two Clagetts the vendors of this and other property, sold by them to Bane, but who also united…
Read the full summary
Appeal from the equity side of the Circuit Court for Allegany County. This appeal was taken from a decree of the court below, (Perry, J.,) for the sale of certain mortgaged real estate, upon a bill filed by the mortgagee, Winters, and directing how the proceeds of sale should be distributed between the mortgagee, Watson, a judgment creditor of Bane, one of the mortgagors, and the two Clagetts the vendors of this and other property, sold by them to Bane, but who also united with Bane in the mortgage to Winters. The facts of the case are fully slated in the opinion of this court.
1Opinion of the CourtEccleston, J.
The two Clagetts sold to Bane a considerable landed property in Allegany county, but a deed was not given for the same. Part of the purchase money was paid, but it does not appear in the record how much remained unpaid.
On the 15th of May 1851, after the sale, Watson obtained a judgment against Bane in the circuit court for Allegany county. The day after this judgment a mortgage was executed by Bane and the two Clagetts, to secure to Winters a debt of $2000, due by Bane to Winters, which mortgage included but a part of the land purchased by Bane from the Clagetts.
After slating the debt as due…
2Cases cited5 opinions
- Stevens v. CooperNew York Court of Chancery · 1815
- Woollen v. HillenCourt of Appeals of Maryland · 1850
- White v. WilliamsNew York Court of Chancery · 1829
- Gibson v. McCormickCourt of Appeals of Maryland · 1838
- Schnebly v. RaganCourt of Appeals of Maryland · 1835
3Cited by8 opinions
- Ahern v. WhiteCourt of Appeals of Maryland · 1874
- General Insurance v. United States InsuranceCourt of Appeals of Maryland · 1857
- Johns v. ReardonCourt of Appeals of Maryland · 1857
- Wash v. StateMississippi Supreme Court · 1872
- Howell v. DukeSupreme Court of Arkansas · 1882
3 more not listed; retrieve them via the Exa API.