Legal Opinion

Lamm v. Port Deposit Homestead Ass'n

Court of Appeals of Maryland

Decided June 27, 1878PublishedCited by 16 opinions

Appeal from the Circuit Court for Cecil County. On the 12th of September, 1874, the Port Deposit Homestead Association of Cecil' County, under a power of sale in a mortgage to it from a certain Silas Gorrell and wife, offered for sale in Port Deposit a certain bouse and lot, the sale being made for the Association by Wm.

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Appeal from the Circuit Court for Cecil County. On the 12th of September, 1874, the Port Deposit Homestead Association of Cecil' County, under a power of sale in a mortgage to it from a certain Silas Gorrell and wife, offered for sale in Port Deposit a certain bouse and lot, the sale being made for the Association by Wm. J. Jones, its attorney, in pursuance of an order of said Association, passed July 6th, 1874, whereby the said attorney was authorized “to make sales of property required to be sold for forfeiture of covenants in mortgages, and to do all things about said sales as fully as if…

1Opinion of the CourtStewart, J.

The appellant alleges as the ground of his complaint, that the agent of the appellee, at a public sale of the house and lot, made by the said agent, on account of the default of payment of a mortgage thereon, held by the appellee, represented, upon enquiry being made of him, by the appellant, that possession of the property would be given to the purchaser, within three months from the day of sale.

That confiding in this representation, he was induced to bid for the property, and became the purchaser thereof.

Possession not having been given him according to the representation, and having lost…

2Cases cited4 opinions

  1. Anderson v. FoulkeCourt of Appeals of Maryland · 1828
  2. Duvall v. PeachCourt of Appeals of Maryland · 1843
  3. Lamborn v. WatsonCourt of Appeals of Maryland · 1824
  4. Neel v. HughesCourt of Appeals of Maryland · 1838

3Cited by16 opinions

  1. Martens Chevrolet, Inc. v. SeneyCourt of Appeals of Maryland · 1982
  2. Brumley v. Chattanooga Speedway & Motordrome Co.Tennessee Supreme Court · 1917
  3. Fourth National Bank v. McArthurSupreme Court of North Carolina · 1915
  4. Schleifer v. Worcester North Savings InstitutionMassachusetts Supreme Judicial Court · 1940
  5. Purdum v. EdwardsCourt of Appeals of Maryland · 1928

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