Hicks v. Hicks
Court of Appeals of Maryland
Appeal from the Court of Chancery. The present bill was filed by the appellant, Elijah Hicks, against the appellees, Charles G. Hicks and Thomas A„ Norris, on the 23d of May, 1828. The complainant alleged, that in the year 1818, he borrowed from the appellee, Charles G. Hicks, the sum of $500, for which he was to pay an interest at the rate of nine per centum per annum, and that he gave his bond or note, for the amount of the loan.
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Appeal from the Court of Chancery. The present bill was filed by the appellant, Elijah Hicks, against the appellees, Charles G. Hicks and Thomas A„ Norris, on the 23d of May, 1828. The complainant alleged, that in the year 1818, he borrowed from the appellee, Charles G. Hicks, the sum of $500, for which he was to pay an interest at the rate of nine per centum per annum, and that he gave his bond or note, for the amount of the loan. That some time in April, 1824, the said Charles G. called on complainant for payment, and being unable then to pay either principal or interest, he agreed to give…
1Opinion of the CourtEarle, J.
A principle was adverted to in the argument, which will be taken as the basis of a part of our opinion in this case, without recurring to the case of Hicks vs. Cooke, 4 Dows. Par. Cases, 16, where it seems to have been controverted. It is, that the mortgagee may become the purchaser of the equity of redemption, if he does not make use of his incumbrance to influence the mortgagor to part with the estate, for less than its real value.
This principle we think was not infringed by Charles G. Hicks, in his purchase of Elijah Hicks, on the 21st of June, 1826. The mortgage money became due in April,…
2Cited by5 opinions
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