Harris v. Hooper
Court of Appeals of Maryland
Appeal from the Circuit Court for St. Mary’s County, iu Equity. The facts of the case are stated in the opinion of the Court. It was not competent for the parties to said mortgage at any period subsequent to the judgment, hy any new parol arrangement, to revise said mortgage, neither could they hy hill, answers and decree, affect the rights of the appellants who were not parties to those proceedings.
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Appeal from the Circuit Court for St. Mary’s County, iu Equity. The facts of the case are stated in the opinion of the Court. It was not competent for the parties to said mortgage at any period subsequent to the judgment, hy any new parol arrangement, to revise said mortgage, neither could they hy hill, answers and decree, affect the rights of the appellants who were not parties to those proceedings. Story’s Equity Pleading, sec. 193; Griffith vs. Hammond, 45 Md., 88; Code, Article 64, sec. 2. George E. Wilson, standing as assignee of a non-negotiable claim, is charged with all the acts, and…
1Opinion of the CourtBartol, C. J.
On the 3rd day of September 1858, William E. Hooper of St. Mary’s County, being indebted to Asa Needham & Sons, merchants, in the City of Baltimore, in the sum of $3500, to secure the same, executed a mortgage of his farm in said county, which was duly acknowledged and recorded.
On the 16th day of October 1866, Asa Needham & Sons, the mortgagees, assigned the mortgage to Duvall & Iglehart, by indenture duly acknowledged and recorded. The deed of assignment recites that Hooper the mortgagor had paid all the mortgage debt and interest, except the sum of $2824.11, which remained as the balance…
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