Warfield v. Dorsey
Court of Appeals of Maryland
Appeal from the Circuit Court for Howard County, in Equity. In this case, the appellee, assignee of two mortgages, each of which contained a power of sale, as provided for by Article 64 of the Code, having complied with the requirements of that Article, advertised the mortgaged property for sale, and on the 28th of December, 1872, sold the same at public sale to the appellant, and on the 1st of January, 1873, filed his report of the sale in the Circuit Court for Howard…
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Appeal from the Circuit Court for Howard County, in Equity. In this case, the appellee, assignee of two mortgages, each of which contained a power of sale, as provided for by Article 64 of the Code, having complied with the requirements of that Article, advertised the mortgaged property for sale, and on the 28th of December, 1872, sold the same at public sale to the appellant, and on the 1st of January, 1873, filed his report of the sale in the Circuit Court for Howard County. The fact of the sale was established, and no question was raised as to its fairness. The appellant, however, on the…
1Opinion of the CourtStewart, J.
If there was any irregularity or unfairness about the sale reported in this case, to the prejudice of the appellant, he had the right and ample opportunity to have shown it. This has not been done, but he relies upon the Statute of Frauds, 29th Ch. II., chap. 3, as a sufficient defence for his non-compliance with the terms of sale; and the question now involved, is, whether that Statute, requiring a memorandum in writing as to certain sales of land, applies to a chancery sale ; or sale under mortgage, as provided by the 64th Art. of the Code.
The learned Judge of the Circuit Court, in…
2Cases cited4 opinions
- Barney v. Patterson's LesseeCourt of Appeals of Maryland · 1824
- Simonds v. CatlinNew York Supreme Court · 1804
- Cockey v. ColeCourt of Appeals of Maryland · 1868
- Anderson v. FoulkeCourt of Appeals of Maryland · 1828
3Cited by19 opinions
- McCann v. McGinnisCourt of Appeals of Maryland · 1970
- Robertson v. SmithSupreme Court of Virginia · 1897
- Webb & Knapp, Inc. v. Hanover BankCourt of Appeals of Maryland · 1957
- Ivrey v. KarrCourt of Appeals of Maryland · 1943
- Chandler v. MoreyIllinois Supreme Court · 1902
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