Kenly v. Wierman's Exc'rs
Court of Appeals of Maryland
Appeal from the Equity side of the Superior Court of Baltimore City. This appeal is from a decree of the court below, (Lee, J.,) passed August 31st, 1859, upon petition of the appellees, for a sale of property mortgaged to their testator by the appellant, by a mortgage dated September 2Sth, 1841. The proceedings and decree were under the Act of 1833, ch. 181, and its supplement of 'J 839, ch. 9. The terms of the mortgage are stated in the opinion of this court.- The great…
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Appeal from the Equity side of the Superior Court of Baltimore City. This appeal is from a decree of the court below, (Lee, J.,) passed August 31st, 1859, upon petition of the appellees, for a sale of property mortgaged to their testator by the appellant, by a mortgage dated September 2Sth, 1841. The proceedings and decree were under the Act of 1833, ch. 181, and its supplement of 'J 839, ch. 9. The terms of the mortgage are stated in the opinion of this court.- The great objection to this decree is, that the mortgage in question does not contain any assent to the passage of a decree…
1Opinion of the CourtCochran, J.
The special jurisdiction in relation to mortgages in the city of Baltimore, conferred by the Act of 1833, chap. 181, is expressly limited to cases, where, in the mortgage, the mortgagor shall so declare his assent to the passing of a decree, in conformity with the provisions of that Act, as to authorise the court before a default, forthwith to decree a sale of the mortgaged *304premises. The supplemental Act of 1839, chap. 9, authorizes the passing of decrees for sales of mortgaged property, after the default of the mortgagor, only in cases where like decrees might have been passed before such…
2Cited by1 opinion
- Black v. CarrollCourt of Appeals of Maryland · 1866