Armstrong v. Kerns
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. This is an action of ejectment brought by the appellants, against the appellees. The appellee, Kate «Kerns, was the purchaser of the property sued for, under a decree of a. Court of equity, the same having been sold at the instance of the mortgagee thereof, the Border State Perpetual Building Association of Baltimore City, the other appellee. She subsequently mortgaged the property to the said Building Association.
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Appeal from the Superior Court of Baltimore City. This is an action of ejectment brought by the appellants, against the appellees. The appellee, Kate «Kerns, was the purchaser of the property sued for, under a decree of a. Court of equity, the same having been sold at the instance of the mortgagee thereof, the Border State Perpetual Building Association of Baltimore City, the other appellee. She subsequently mortgaged the property to the said Building Association. The case was tried before the Court (Brown, J.,) without the aid of a jury. The Court rendered a verdict in favor of the…
1Opinion of the CourtAlvey, C. J.
The question, and indeed the only question, on the record before us is, whether the mortgage made by Margaret Woelper to the Border State Perpetual Building Association of Baltimore City, under the power contained in the sublease from Charles McColgan to Mrs. Woelper, is good and valid, or whether it be a nullity because of the nonjoinder of her husband therein.
The sub-lease to Mrs. Woelper bears date the 20th of October, 1816, and on the same day, though after the exe*366■cution of the sub-lease, the mortgage to the Building Association was made. The mortgage refers to the sub-lease as having…
2Cases cited3 opinions
- Cooke v. HusbandsCourt of Appeals of Maryland · 1857
- Cruzen v. McKaigCourt of Appeals of Maryland · 1882
- Buchanan v. TurnerCourt of Appeals of Maryland · 1866
3Cited by7 opinions
- Pope v. Safe Deposit & Trust Co.Court of Appeals of Maryland · 1932
- Darnall v. ConnorCourt of Appeals of Maryland · 1931
- Downes v. Safe Deposit & Trust Co.Court of Appeals of Maryland · 1932
- Stearns v. FraleighSupreme Court of Florida · 1897
- Bishop v. Safe Deposit & Trust Co.Court of Appeals of Maryland · 1936
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