McClellan v. Crook
High Court of Chancery of Maryland
[A, bill was filed on the 21st of July, 1843, by William Crook, as the assignee of a mortgage of certain leasehold property in •the city of Baltimore, against Wm. H. McClellan, for a sale of •the mortgaged premises to satisfy the mortgage debt.
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[A, bill was filed on the 21st of July, 1843, by William Crook, as the assignee of a mortgage of certain leasehold property in •the city of Baltimore, against Wm. H. McClellan, for a sale of •the mortgaged premises to satisfy the mortgage debt. The complainant, Crook, had been for many years tenant of the mortgaged premises, and two accounts were stated by the Auditor on the 19th of November, 1844, one of which the Chancellor ratified on the 16th of December, 1844, and decreed that the property be sold for the payment of the sum found by this account to be due the complainant. Prom this…
1Opinion of the Court
ThiwChancellor :
Waiving the objection to the answer taken by the complainant, and conceding for the purpose of this motion that it is entitled to be treated as if sworn to by the defendant, I am of opinion that it has not removed the equity of the bill, and consequently that the injunction must be continued.
It cannot be necessary to say that this court disclaims in the most explicit manner any power to review, in the proper sense of that term, the decrees of the Court of Appeals, either upon the state of facts upon which that tribunal acted, or any others. What is resolved by it in view of…
2Cases cited1 opinion
- Crapster v. GriffithCourt of Appeals of Maryland · 1823
3Cited by1 opinion
- Kinealy v. StaedMissouri Court of Appeals · 1893