Legal Opinion

Thomas C. Basshor & Co. v. Stewart

Court of Appeals of Maryland

Decided July 1, 1880PublishedCited by 6 opinions

Appeals from the Circuit Court for Baltimore County, in Equity. On the second day of July, 1874, Werner Dresel sold to the Maryland Inebriate Asylum, a body corporate of the State of Maryland, a tract of land situate in Baltimore County, and took from said corporation a mortgage of the same date to secure the payment of two promissory notes, one for $6500 and the other for $11,500 on account of the purchase money.

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Appeals from the Circuit Court for Baltimore County, in Equity. On the second day of July, 1874, Werner Dresel sold to the Maryland Inebriate Asylum, a body corporate of the State of Maryland, a tract of land situate in Baltimore County, and took from said corporation a mortgage of the same date to secure the payment of two promissory notes, one for $6500 and the other for $11,500 on account of the purchase money. On the seventeenth day of February, 1875, Werner Dresel assigned said mortgage to Charles Oliver O’Donnell, C. Morton Stewart and others, trustees of Columbus O’Donnell, deceased.…

1Opinion of the CourtAlvey, J.

The mortgage of the Maryland Inebriate Asylum to Werner Dresel was executed on the 2nd of July, 1814, and was to secure the payment of $18,000, purchase money, due on the property described in the mortgage. This mortgage was afterwards assigned, and part of the debt has been paid. Default in payment of the balance having occurred, the assignee of the mortgage, by attorney, sold the mortgaged premises, under the power contained in the mortgage, and the sale was reported to the Circuit Court for Baltimore County, on the 1st of July, 1819 ; hut that sale, having been excepted to, was set aside…

2Cases cited4 opinions

  1. Kelly v. RosenstockCourt of Appeals of Maryland · 1876
  2. Van Ness v. the Bank of the United StatesSupreme Court of the United States · 1839
  3. Wickes's Lessee v. CaulkCourt of Appeals of Maryland · 1820
  4. Frostburg Mutual Building Ass'n v. BraceCourt of Appeals of Maryland · 1879

3Cited by6 opinions

  1. Albert v. HamiltonCourt of Appeals of Maryland · 1892
  2. Punchard v. MastersonTexas Supreme Court · 1907
  3. Eden St. Permanent Bldg. Asso. No. 1 v. LusbyCourt of Appeals of Maryland · 1911
  4. In re Universal Storage & Transfer Co.District Court, D. Maryland · 1933
  5. Smith v. TimNew York Court of Common Pleas · 1884

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