Home Mutual Building Ass'n v. Thursby
Court of Appeals of Maryland
Appeal from the Circuit Court of Baltimore City. The appellee being desirous to have the property which he had mortgaged, released, applied to the appellant for that purpose, and .offered to pay it the balance due on the mortgages, and tendered in payment thereof the sum of fifteen hundred dollars, which was refused. After this refusal the appellant filed its petition to procure a decree for the sale of the mortgaged promises.
Read the full summary
Appeal from the Circuit Court of Baltimore City. The appellee being desirous to have the property which he had mortgaged, released, applied to the appellant for that purpose, and .offered to pay it the balance due on the mortgages, and tendered in payment thereof the sum of fifteen hundred dollars, which was refused. After this refusal the appellant filed its petition to procure a decree for the sale of the mortgaged promises. The appellee thereupon filed his petition setting forth his readiness and willingness to pay whatever might he found to he due to the appellant; and averring that the…
1Opinion of the Court
Bartol, 0. J.,
delivered the opinion of the Court.
The questions presented by this appeal arise upon the exceptions of the appellant to the auditor’s report, which was ratified and confirmed by the Circuit Court.
The account stated by the auditor is not in the record, but in lieu théreof is the written agreement of counsel, from which it appears that the account shows a balance of $1500. to be due the Association from the appellee, on the 23rd day of March 1880, when his last payment was made. It further appears that the auditor ascertained that balance “by deducting the full amount of each…
2Cases cited6 opinions
- Robertson v. American Homestead Ass'nCourt of Appeals of Maryland · 1857
- Low Street Building Ass'n, No. 6 ex rel. Hennighausen v. ZuckerCourt of Appeals of Maryland · 1878
- Windsor v. BandelCourt of Appeals of Maryland · 1874
- Peter's Building Ass'n, No. 5 v. JaeckschCourt of Appeals of Maryland · 1879
- Baltimore Permanent Building & Land Society v. TaylorCourt of Appeals of Maryland · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Waverly Mutual & Permanent Land, Loan & Building Ass'n v. BuckCourt of Appeals of Maryland · 1885
- Commercial Building & Loan Ass'n v. MackenzieCourt of Appeals of Maryland · 1897