Gatchell ex rel. Worthington v. Presstman
Court of Appeals of Maryland
Appeal from the Equity Side of the Superior Court of Baltimore city. A mortgage under the act of 1833, ch. 181, was executed on the 13th of September 1849, by Robert A. McAllister and Mary Conrad to the appellant, Gatchell, and on the 18th of April 1851, a decree was passed at the instance of the mortgagee for a sale, which was made by the trustee on the 28th of the same month, and affirmed nisi on the 2nd of June following, the appellees being the purchasers.
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Appeal from the Equity Side of the Superior Court of Baltimore city. A mortgage under the act of 1833, ch. 181, was executed on the 13th of September 1849, by Robert A. McAllister and Mary Conrad to the appellant, Gatchell, and on the 18th of April 1851, a decree was passed at the instance of the mortgagee for a sale, which was made by the trustee on the 28th of the same month, and affirmed nisi on the 2nd of June following, the appellees being the purchasers. This decree on the day of its passage was entered for the use of Worthington. Mary Conrad, one of the mortgagors, died on the 23rd of…
1Opinion of the CourtEccleston, J.
The act of 1833, ch. 181, requires that before a sale shall be made under its provisions, “the mortgagees, their executors or administrators, (or their assigns, if the mortgage claim shall have been assigned,)” shall file a statement of the amount remaining due upon the mortgage, verified by affidavit. At the time of this sale no such affidavit had been filed. For this defect in the proceedings the court below set aside the sale, and we think they were right in doing so.
It has been said that the affidavit is made necessary for the protection of the mortgagor, and being designed for his…
2Cited by3 opinions
- Connaughton v. BernardCourt of Appeals of Maryland · 1897
- Becker v. Minber Corp.Court of Appeals of Maryland · 1940
- Schaller v. Castle Development Corp.Court of Appeals of Maryland · 1997