Chapman v. Ford

Mc-Wieeiams, J. dissents.

The appellees sued the appellants in assumpsit in the Circuit Court for St. Mary’s County to recover a sum of money alleged to be due under a mortgage by way of an additional sum, or penalty, because of the sale of the mortgaged property. Judge Dorsey, sitting without a jury, found that the property had in fact been sold by the appellants when they made a prepayment on the mortgage, although the written contract was not signed until a few weeks later, and awarded judgment to the appellees in the amount of $5500, which is ten percent of the amount of the prepayment,…