Dougherty v. McColgan
Court of Appeals of Maryland
Appeal from the court of Chancery. The appellant on the 7th of March, 1832, filed his bill against the appellee, alleging that being indebted to the appellee in the sum of $500, for the purpose of securing the payment of the same, he conveyed to him on the 7th of November, 1828, by a deed absolute upon its face, certain leasehold property in the city of Baltimore, and at the same time, took from the appellee a bond conditioned for the re-conveyance of the property, upon the…
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Appeal from the court of Chancery. The appellant on the 7th of March, 1832, filed his bill against the appellee, alleging that being indebted to the appellee in the sum of $500, for the purpose of securing the payment of the same, he conveyed to him on the 7th of November, 1828, by a deed absolute upon its face, certain leasehold property in the city of Baltimore, and at the same time, took from the appellee a bond conditioned for the re-conveyance of the property, upon the payment of the said sum of money, at the expiration of twelve months from the date thereof. That the appellee entered…
1Opinion of the Court
Buchanan, Ch. J.,
delivered the opinion of the court.
The complainant in his bill treats the deed to the defendant as a mortgage, and seeks to redeem the premises on payment of such sum as may be justly due thereon, which is denied by the decree of the Chancellor, except on his paying also for the permanent improvements, erected upon the property by the defendant.
It appears that originally, on the 13th of May, 1828, the *280defendant lent, or advanced to the complainant, five hundred dollars, and on the same day took from him a mortgage of the premises, as a collateral security for the payment of…
2Cases cited1 opinion
- Conway's Executors & Devisees v. AlexanderSupreme Court of the United States · 1812
3Cited by9 opinions
- Artz v. GroveCourt of Appeals of Maryland · 1864
- Farrell v. BeanCourt of Appeals of Maryland · 1856
- Knipp v. BagbyCourt of Appeals of Maryland · 1915
- Hopper v. SmyserCourt of Appeals of Maryland · 1900
- Day v. DavisCourt of Appeals of Maryland · 1905
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