Monumental Building Ass'n, No. 2 v. Herman
Court of Appeals of Maryland
Appeal from the Circuit Court of Baltimore City. In June and October, 1868, John, Elizabeth, Peter, and Magdalena Herman, brothers and sisters, executed two mortgages to the appellant. On the 16th of February, 1869, a petition was filed by the appellant, under the provisions of Article 4, section 782, &c., of the Code of Public Local Laws, for the sale of the mortgaged premises, and on the following day a decree was obtained.
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Appeal from the Circuit Court of Baltimore City. In June and October, 1868, John, Elizabeth, Peter, and Magdalena Herman, brothers and sisters, executed two mortgages to the appellant. On the 16th of February, 1869, a petition was filed by the appellant, under the provisions of Article 4, section 782, &c., of the Code of Public Local Laws, for the sale of the mortgaged premises, and on the following day a decree was obtained. The property was sold and reported by the trustee, and the usual order of ratification nisi passed. On the 6th of April following, the appellees Peter and Magdalena…
1Opinion of the CourtStewart, J.
This was a proceeding below, to foreclose two mortgages under the provisions of the Code of Public Local Laws, Art. 4, sees. 782, &c., applicable to the city of Baltimore, exclusively.
An ex parte decree had been passed, a sale of the property ordered, and a report of sale thereunder made by the trustee.
Objections were filed against the ratification of the sale by two of the mortgagors, alleging that they were infants, under the age of twenty-one years, when they executed the mortgages. The mortgagee denied the fact of infancy, and insisted upon the insufficiency of the objections. The infancy…
2Cases cited2 opinions
- Fridge v. State ex rel. KirkCourt of Appeals of Maryland · 1830
- Brawner v. FranklinCourt of Appeals of Maryland · 1846
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