Hough v. Horsey
Court of Appeals of Maryland
Appeal from the Circuit Court for Caroline County, in Equity. On the 20th of April, 1869, George \Y. Kugler and wife executed a mortgage on certain parcels of land in Caroline County to the appellee, to secure to him the sum of $2,000— one-half of which sum -was to be paid on or before tbe 20th of April, 1870, with interest on the whole amount, and the other half, with all the interest then due, on or before the 20th of December, 1870. Iu case of any default in any condition…
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Appeal from the Circuit Court for Caroline County, in Equity. On the 20th of April, 1869, George \Y. Kugler and wife executed a mortgage on certain parcels of land in Caroline County to the appellee, to secure to him the sum of $2,000— one-half of which sum -was to be paid on or before tbe 20th of April, 1870, with interest on the whole amount, and the other half, with all the interest then due, on or before the 20th of December, 1870. Iu case of any default in any condition of the mortgage, the mortgagee, his heirs, executors, administrators and assigns, or their duly constituted attorney or…
1Opinion of the CourtAlvey, J.
We think the order of .the Court below refusing the injunction should be affirmed, and for the reason assigned by the Judge that the bill of complaint presents no proper ground for relief.
The charge in the bill in regard to the omission of the proper revenue stamp on the mortgage, and the defect in the affidavit thereto, are shown to be groundless by the production in Court of the original mortgage itself. The only other ground for the injunction seriously relied on, is the charge of the existence of usury in the mortgage debt. But as to this latter charge, apart from the very general and…
2Cases cited1 opinion
- Scott v. LearyCourt of Appeals of Maryland · 1871
3Cited by13 opinions
- Key West Wharf & Coal Co. v. PorterSupreme Court of Florida · 1912
- Millington v. Hill, Fontaine & Co.Supreme Court of Arkansas · 1886
- Mahoney v. MackubinCourt of Appeals of Maryland · 1880
- Mollohan v. MastersCourt of Appeals for the D.C. Circuit · 1916
- National Mutual Building & Loan Ass'n v. RetzmanNebraska Supreme Court · 1903
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