Wanamaker v. Bowes
Court of Appeals of Maryland
Appeal from the Circuit Court for Howard County. On the 24th of June, 1869, Judson H. Smith executed a bill of sale, by way of mortgage to the appellee, of' certain goods, furniture and household stuff. By a provision in the mortgage, the mortgagor was entitled to retain possession of the property until default, which could not occur until the 24th of June, 1870, the date fixed for the payment of the first instalment of the mortgage debt.
Read the full summary
Appeal from the Circuit Court for Howard County. On the 24th of June, 1869, Judson H. Smith executed a bill of sale, by way of mortgage to the appellee, of' certain goods, furniture and household stuff. By a provision in the mortgage, the mortgagor was entitled to retain possession of the property until default, which could not occur until the 24th of June, 1870, the date fixed for the payment of the first instalment of the mortgage debt. On the 19th of October, 1869, the appellant sued out of the Superior Court of Baltimore city an attachment on original process, under the Act of 1864, ch.…
1Opinion of the CourtBartol, C. J.
The appellee, plaintiff below, claimed title to certain goods and chattels, consisting of a stock of goods 'in a store, with the furniture and store fixtures, under a bill of sale, by way of mortgage, executed on the 24th day of June, 1869, by J. H. Smith. The mortgage contained a provision entitling the mortgagor to retain possession of the property until default, which could not occur until the 24th day of June, 1870, that being the date fixed for the payment of the first instalment of the debt secured by the mortgage.
On the 19th day of October, 1869, the appellant sued out an attachment,…
2Cases cited8 opinions
- Moore v. Schultz ex rel. SchultzCourt of Appeals of Maryland · 1869
- Page v. LloydSupreme Court of the United States · 1831
- Thomson v. Baltimore & Susquehanna Steam Co.Court of Appeals of Maryland · 1870
- Bolander v. GentryCalifornia Supreme Court · 1868
- Stewart v. KatzCourt of Appeals of Maryland · 1869
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- President of Georgetown College v. MaddenDistrict Court, D. Maryland · 1980
- Cooke v. CookeCourt of Appeals of Maryland · 1876
- Coppage v. HowardCourt of Appeals of Maryland · 1916
- Morton v. GrafflinCourt of Appeals of Maryland · 1888
- Corner v. MackintoshCourt of Appeals of Maryland · 1878
14 more not listed; retrieve them via the Exa API.