Willard v. Ramsburg
Court of Appeals of Maryland
Appeal from tbe Equity side of the Circuit Court for Frederick County: The appellants, who were the executors of Abraham Willard, deceased, filed the bill in this case, for the foreclosure of a mortgage executed to their testator by Peter Young, on the 24th of August 1858. The appellees, mortgagees, under a prior mortgage of the same grantor, recorded on the same day with that to the said deceased, but some hours later, were also made defendants.
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Appeal from tbe Equity side of the Circuit Court for Frederick County: The appellants, who were the executors of Abraham Willard, deceased, filed the bill in this case, for the foreclosure of a mortgage executed to their testator by Peter Young, on the 24th of August 1858. The appellees, mortgagees, under a prior mortgage of the same grantor, recorded on the same day with that to the said deceased, but some hours later, were also made defendants. The mortgaged premises were sold by a trustee, under a decree of foreclosure, which, by agreement of the parties, reserved the question of priority…
1Opinion of the CourtGolusbokough, J.
Peter Young, one of the appellees, executed a mortgage to Abraham Willard, the appellants’ testator, on the 24th day of August 1858, to secure the payment of the respective sums therein stated. The appellants after the death of the mortgagee, filed their bill of complaint in the Circuit Court for Frederick County, on the 14th day *216of October 1859, to obtain a decree for the sale of the mortgaged premise’s.
The appellees to whom Young had also given a mortgage on the same property on the 21st day of August 1858, were made defendants to the above suit, and by their answer assented to a decree and…
2Cases cited1 opinion
- General Insurance v. United States InsuranceCourt of Appeals of Maryland · 1857
3Cited by4 opinions
- Fertitta v. Bay Shore Development Corp.Court of Appeals of Maryland · 1969
- Plaza Corp. v. Alban Tractor Co.Court of Appeals of Maryland · 2001
- Grayson v. BuffingtonCourt of Appeals of Maryland · 1964
- Irvington Federal Savings & Loan Ass'n v. WestCourt of Appeals of Maryland · 1950