Jamieson v. Bruce
Court of Appeals of Maryland
Appeal from Prince Georges county court. This was an action of trespass, vi et armis, for taking and carrying away certain slaves, instituted by the appellant against the appellee, on the third day of February, 1832. It áppeared by the bill of exceptions taken at the trial, that the property had been morgaged by the plaintiff to the defendant on the 19th August, 1831, with a condition, that the instrument should be void in case the mortgage debt was paid on or before the…
Read the full summary
Appeal from Prince Georges county court. This was an action of trespass, vi et armis, for taking and carrying away certain slaves, instituted by the appellant against the appellee, on the third day of February, 1832. It áppeared by the bill of exceptions taken at the trial, that the property had been morgaged by the plaintiff to the defendant on the 19th August, 1831, with a condition, that the instrument should be void in case the mortgage debt was paid on or before the first day of September, 1832. There was no stipulation in the deed, that the mortgagor should continue in possession of the…
1Opinion of the Court
Archer, J.,
delivered the opinioD of the court.
The point in controversy in this cause involves the consideration of the relative rights of mortgagor and mortgagee, before forfeiture, and in a case where the mortgage contains no covenant, or agreement that the mortgagor shall retain possession of the property mortgaged.
The mortgagor seeks to make the mortgagee, obtaining peaceable possession of the mortgaged property before forfeiture, a trespasser.
This is not a case in which there -is anjr express covenant, that the mortgagor shall continue in possession until there is a default in payment,…
2Cited by12 opinions
- Annapolis & Elkridge Railroad v. GanttCourt of Appeals of Maryland · 1873
- Duval v. BeckerCourt of Appeals of Maryland · 1895
- Williams v. Safe Deposit & Trust Co.Court of Appeals of Maryland · 1934
- Barron v. WhitesideCourt of Appeals of Maryland · 1899
- Commercial Building & Loan Ass'n v. RobinsonCourt of Appeals of Maryland · 1900
7 more not listed; retrieve them via the Exa API.