Denmead v. Bank of Baltimore
Court of Appeals of Maryland
Appeal from the Court of Chancery. The controversy in this case relates to the proceeds of the sale of a steam-engine, erected in a cotton factory, and constituting part of the motive power thereof. The property, including the land, factory and machinery, was sold by trustees under a decree in equity, reserving all question of priority as to the distribution of the proceeds for future adjudication.
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Appeal from the Court of Chancery. The controversy in this case relates to the proceeds of the sale of a steam-engine, erected in a cotton factory, and constituting part of the motive power thereof. The property, including the land, factory and machinery, was sold by trustees under a decree in equity, reserving all question of priority as to the distribution of the proceeds for future adjudication. The appellee claimed the proceeds of the sale of this engine, under a mortgage of the land and premises, executed on the 4th of March 1841. The appellants, who were machinists, and built and…
1Opinion of the CourtLe Grand, C. J.
This appeal is from an order of the chancellor overruling exceptions to the report, and accompanying accounts distributing a fund which had been created by a sale of property on which there were various liens. It is only necessary to notice two of them, as they are all that are involved in the present inquiry.
It appears from the record, that, on the 4th of March 1841, the Powhattan Manufacturing Company being indebted to the Bank of Baltimore in a large sum of money, executed a mortgage of certain lands in Baltimore county, “together with all the buildings and improvements thereon,” including…
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