Legal Opinion

Faust v. Twenty-Third German American Building Ass'n

Court of Appeals of Maryland

Decided June 18, 1896PublishedCited by 14 opinions

Appeal from a pro forma decree of Circuit Court No. 2, of Baltimore City, sustaining a demurrer to the bill of complaint and dismissing the same.

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Appeal from a pro forma decree of Circuit Court No. 2, of Baltimore City, sustaining a demurrer to the bill of complaint and dismissing the same. The bill alleges that the defendant corporation has, in conformity to its charter, loaned all of its capital, being the amount it has received as weekly dues from all of its mfembers, and hath secured the repayment of the same by the execution of mortgages upon real and leasehold property situate in the State of Maryland, from such of its members as have become borrowers from said association. Said mortgages providing that such borrowing members…

1Opinion of the CourtBryan, J.

The questions in this case concern the taxation of mortgages. The appellant draws in question the meaning and validity of certain sections of chapter 120 of the Acts of 1896. He maintains that the sections from 146 A to 146 F, both inclusive, do not apply to building or homestead associations ; and that they are unconstitutional, null and void. Without, at present, giving our attention to the proceedings by which these questions are presented, we will examine the sections which have been mentioned. One hundred and forty-six A, enacts that “ All mortgagees or assignees holding mortgages of…

2Cases cited3 opinions

  1. State v. MayhewCourt of Appeals of Maryland · 1845
  2. Robertson v. American Homestead Ass'nCourt of Appeals of Maryland · 1857
  3. Tax Cases Under the Act of March, 1841, chap. 23Court of Appeals of Maryland · 1841

3Cited by14 opinions

  1. Clark v. City of BurlingtonSupreme Court of Vermont · 1928
  2. State Tax Commission v. GalesCourt of Appeals of Maryland · 1960
  3. Leser v. WagnerCourt of Appeals of Maryland · 1913
  4. Allen v. National State BankCourt of Appeals of Maryland · 1901
  5. Leonard v. EarleCourt of Appeals of Maryland · 1928

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