Sandler v. Freeny

SOPER, Circuit Judge.

This case involves the interpretation to be given under the Maryland decisions to Article 21, Section 34, of the Maryland Code (1939), which provides: “No mortgage shall be valid except 'as between the parties thereto, unless there be endorsed thereon an oath or affirmation of the mortgagee that the consideration in said mortgage is true and bona fide as therein set forth.”

The controversy arose in the matter of Sidney Shapiro, bankrupt, when Benjamin L. Freeny, as the holder of a second mortgage for $3,900 on real estate of the bankrupt located at 1415 Linden Avenue in…