Legal Opinion

General Insurance v. United States Insurance

Court of Appeals of Maryland

Decided June 15, 1857PublishedCited by 29 opinions

Appeal from the Court of Chancery. ■ On the 16th of January 1834, William H. Freeman executed a mortgage to the General Insurance Company of a house and lot in the city of Baltimore, to secure an indebtedness of $15,000. This mortgage was executed under the provisions of the act of 1826, ch. 192, and acknowledged, but was not recorded until the 2nd of April 1834. On the 29th of March 1834, Freeman executed a mortgage to the United States Insurance Company of this same…

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Appeal from the Court of Chancery. ■ On the 16th of January 1834, William H. Freeman executed a mortgage to the General Insurance Company of a house and lot in the city of Baltimore, to secure an indebtedness of $15,000. This mortgage was executed under the provisions of the act of 1826, ch. 192, and acknowledged, but was not recorded until the 2nd of April 1834. On the 29th of March 1834, Freeman executed a mortgage to the United States Insurance Company of this same property, with other real estate, to secure payment of $80,000, which the instrument recites he owed to said company, “and…

1Opinion of the CourtTuck, J.

The chancellor correctly decided the two propositions, discussed in his opinion, filed on the 11th of April 1847, (3 Md. Ch. Dec.) 381 that is to say, that the deeds are within the registry acts, and that the appellant has not shown that the ji.ppellee had notice of the deed of January 1834, when that of March following was executed.

The first of these questions has since been considered by this court, and determined in accordance with the views of the chancellor in the present case; and, after further consideration upon the authorities and argument presented at the hearing of this appeal, we…

2Cases cited7 opinions

  1. Winchester v. Baltimore & Susquehanna R. R.Court of Appeals of Maryland · 1853
  2. Price v. McDonaldCourt of Appeals of Maryland · 1851
  3. Parkist v. AlexanderNew York Court of Chancery · 1815
  4. Alderson v. AmesCourt of Appeals of Maryland · 1854
  5. Watson v. BaneCourt of Appeals of Maryland · 1854

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3Cited by29 opinions

  1. Fletcher v. Havre De Grace Fireworks Co.Court of Appeals of Maryland · 1962
  2. Nelson v. Hagerstown BankCourt of Appeals of Maryland · 1867
  3. Smith v. HooperCourt of Appeals of Maryland · 1902
  4. Mann v. Second National BankSupreme Court of Kansas · 1883
  5. Hoffman v. GosnellCourt of Appeals of Maryland · 1892

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