Nicholson v. Ellis
Court of Appeals of Maryland
Appeal from the Circuit Court of Baltimore City (Heuisler, J.). The agreement mentioned in the opinion of the Court is as-follows: ‘This agreement made this 30th day of April, in the year one thousand nine hundred and seven, witnesseth: That Harry R. Nicholson, of the city of Baltimore, State of Maryland, in his own right and trading as the Baltimore Acid Works, does hereby grant,-assign and convey unto Luke Ellis, of said city and State, his personal representatives and…
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Appeal from the Circuit Court of Baltimore City (Heuisler, J.). The agreement mentioned in the opinion of the Court is as-follows: ‘This agreement made this 30th day of April, in the year one thousand nine hundred and seven, witnesseth: That Harry R. Nicholson, of the city of Baltimore, State of Maryland, in his own right and trading as the Baltimore Acid Works, does hereby grant,-assign and convey unto Luke Ellis, of said city and State, his personal representatives and assigns, all- his the said Harry R; Nicholson’s right, title and interest in and to the use of the name “Baltimore Acid…
1Opinion of the CourtWorthington, J.
Tbis case comes before us upon appeal from, tbe Circuit Court of Baltimore City, and presents tbe rulings of that Court upon exceptions to tbe ratification of a mortgagee’s sale made under and by virtue of a consent decree obtained in • that Court on July 8th, 1908,
Tbe lower Court sustained, tbe exceptions, annulled tbe sale, and declared tbe decree void, on tbe ground that tbe consideration for-the mortgage and mortgage notes was illegal.
Tbe consideration in tbis case is held to be illegal because ■ tbe agreement containing tbe promise to pay the money secured by tbe mortgage contains, in…
2Cases cited2 opinions
- Bishop v. PalmerMassachusetts Supreme Judicial Court · 1888
- Emerson v. Urie TownsendCourt of Appeals of Maryland · 1890
3Cited by8 opinions
- Tatterson v. KehrleinCalifornia Court of Appeal · 1927
- C. C. Slaughter Cattle Co. v. Potter CountyCourt of Appeals of Texas · 1921
- Wesley v. ChandlerSupreme Court of Oklahoma · 1931
- Hughes v. SchaeferCourt of Appeals of Maryland · 1982
- Connolley v. HarrisonCourt of Special Appeals of Maryland · 1974
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