Shannon v. Howard Mutual Building Ass'n
Court of Appeals of Maryland
Appeal from the Circuit-Court of Baltimore City. On the 1st of June, 1868, the appellant executed to the appellee, a mortgage of a leasehold interest in a lot of ground situated on the north side of Hollins street in the city of Baltimore. The mortgage stated that: “ Whereas the said . mortgagor being a member of the said body corporate/has received therefrom an advance of thirteen hundred and fifty dollars on his nine shares of its stock.
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Appeal from the Circuit-Court of Baltimore City. On the 1st of June, 1868, the appellant executed to the appellee, a mortgage of a leasehold interest in a lot of ground situated on the north side of Hollins street in the city of Baltimore. The mortgage stated that: “ Whereas the said . mortgagor being a member of the said body corporate/has received therefrom an advance of thirteen hundred and fifty dollars on his nine shares of its stock. Now, therefore, this mortgage witnesseth, that in consideration of the premises and of one dollar, the said David R. Shannon doth grant unto the Howard…
1Opinion of the CourtStewart, J.
An ex parte decree had been passed by thé Circuit Court of Baltimore City, at the instance of the appellee, The Howard Mutual Building Association, for the foreclosure of the mort*391gage of the appellant, a member of the society, by reason of his alleged default.
The appellant filed a petition, representing that the account exhibited with the application for the decree was erroneous, and that he had offered 1o pay the true amount due, and praying to have the matter referred to the auditor to state an account of his indebtedness, and to be allowed to bring the amount he owed into Court, and that…
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