Lord v. Essex Building Ass'n
Court of Appeals of Maryland
Appeal from the Circuit Court of Baltimore City. Iu this case, the property mortgaged to the appellee was, upon default of the mortgagor, sold under a decree of the Court; the sale was ratified, and the auditor stated an account, awarding the entire fund in the hands of the trustee, to the appellee.
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Appeal from the Circuit Court of Baltimore City. Iu this case, the property mortgaged to the appellee was, upon default of the mortgagor, sold under a decree of the Court; the sale was ratified, and the auditor stated an account, awarding the entire fund in the hands of the trustee, to the appellee. Prior to the report of the auditor, the appellants filed their petition, claiming an allowance out of the fund in the trustee’s hands to satisfy a judgment in their behalf against the mortgagor. By direction of the solicitor for the judgment claimants, the auditor stated another account, allowing…
1Opinion of the CourtAlvey, J.
The mortgage to the Building Association, the appellees, was made on the 16th of April, 1868, and the decree there'on for sale of the mortgaged premises was passed on the 5th of June, 1871. The judgment in favor, of the appellants against the mortgagor was rendered on the 27th of June, 1868; and the question is, as between these mortgage and judgment creditors, which have priority in the distribution of the proceeds of sale ? and this depends upon the further question, whether the appellees have been legally incorporated, so as to enable them, in their corporate- capacity, to take and enforce…
2Cases cited1 opinion
- Agnew v. Bank of GettysburgCourt of Appeals of Maryland · 1828
3Cited by4 opinions
- Maryland Tube & Iron Works v. West End Improvement Co.Court of Appeals of Maryland · 1898
- National Shutter Bar Co. v. Zimmerman & Co.Court of Appeals of Maryland · 1909
- Cleaveland v. MullinCourt of Appeals of Maryland · 1903
- Keene v. Van ReuthCourt of Appeals of Maryland · 1878