Evans v. Merriken
Court of Appeals of Maryland
Appeal from the court of Chancery. The appellants on the 15th of April, 1834, filed their bill in the court of Chancery, for the foreclosure and sale of certain personal property, which had been mortgaged to them by William D. Merriken, the father of the appellee and others, who were made defendants.
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Appeal from the court of Chancery. The appellants on the 15th of April, 1834, filed their bill in the court of Chancery, for the foreclosure and sale of certain personal property, which had been mortgaged to them by William D. Merriken, the father of the appellee and others, who were made defendants. In the mortgage (which bore date 18th April, 1823,) were mentioned several female negro slaves, who with other property, were conveyed to the appellants to secure the payment of $794, due from the mortgagor to them, and there was the usual clause of redemption, in case the mortgage debt with…
1Opinion of the CourtStepheN, Judge
The question presented by the record to this court for adjudication is a new one, and has now for the first time engaged its attention. In deciding upon it, but little assistance can be obtained by an appeal to the rules and doctrines of the English law, and the only aid which can be derived from that source, must be drawn from a course of reasoning, founded upon the grounds and principles of analogy, as the English jurisprudence does not recognize the rights of property, in the subject matter upon which the mortgage in this case is made to operate.
In the discussion of this subject, the…
2Cases cited1 opinion
- Hughes v. GravesCourt of Appeals of Kentucky · 1822
3Cited by7 opinions
- Washington Fire Insurance v. KellyCourt of Appeals of Maryland · 1870
- Duval v. BeckerCourt of Appeals of Maryland · 1895
- Williams v. Safe Deposit & Trust Co.Court of Appeals of Maryland · 1934
- Allen v. National State BankCourt of Appeals of Maryland · 1901
- Crocker v. HoppsCourt of Appeals of Maryland · 1893
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