Chew v. Buchanan
Court of Appeals of Maryland
Appeal from the Circuit Court for Anne Arundel County, in Equity. In 1857, John S. Tyson and Rachel, his wife, sold and conveyed to Isaac Simmons several contiguous parcels of land, the maiden property of Mrs. Tyson, and to secure the residue of the purchase, money due thereon, $8,728.75, Simmons and wife, on the 2d of March, 1857, executed a mortgage of the same property to Mrs. Tyson, and delivered to her three promissory notes, payable to her order, and bearing even date…
Read the full summary
Appeal from the Circuit Court for Anne Arundel County, in Equity. In 1857, John S. Tyson and Rachel, his wife, sold and conveyed to Isaac Simmons several contiguous parcels of land, the maiden property of Mrs. Tyson, and to secure the residue of the purchase, money due thereon, $8,728.75, Simmons and wife, on the 2d of March, 1857, executed a mortgage of the same property to Mrs. Tyson, and delivered to her three promissory notes, payable to her order, and bearing even date with the morgage, one for $2,300, one for $3,214.37 and the other for $3,214.38, payable, respectively, in three, four…
1Opinion of the CourtStewart, J.
In the decision of the question under this appeal, our conclusion is different from that of the Court below; but we have been much aided by their learning and research in pronouncing their opinion.
Whilst some diversity of practice prevails in different States, in applying rules as to priorities in the distribution of funds in Court, in the absence of satisfactory evidence of the intention of the parties interested, some adopting the pro rata rule of distribution — others, the priority of assignment without regard to priority of payment — others, priority in the order of the maturity of the…
2Cited by6 opinions
- Dickey, Tansley & Co. v. Pocomoke City National BankCourt of Appeals of Maryland · 1899
- Dixon v. ClayvilleCourt of Appeals of Maryland · 1876
- Parrott v. Chestertown National BankCourt of Appeals of Maryland · 1898
- Wilson v. HilliardCourt of Appeals of Maryland · 1917
- Goldberger v. FlinkSupreme Court of Rhode Island · 1932
1 more not listed; retrieve them via the Exa API.