Marlow v. McCubbin
Court of Appeals of Maryland
Appeal from the Circuit Court for Frederick County, in Equity. The bill of complaint in this case filed by the appellee on the 20th of June, 1870, alleged that in the year 1868, and prior thereto, the appellant, Parmenio Marlow, was indebted to the complainant in a large sum of money, and on the 10th day of May, 1869, the complainant obtained a judgment by default against the said Parmenio, which was extended on the 22nd of September, 1869, for $793.97 with interest and…
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Appeal from the Circuit Court for Frederick County, in Equity. The bill of complaint in this case filed by the appellee on the 20th of June, 1870, alleged that in the year 1868, and prior thereto, the appellant, Parmenio Marlow, was indebted to the complainant in a large sum of money, and on the 10th day of May, 1869, the complainant obtained a judgment by default against the said Parmenio, which was extended on the 22nd of September, 1869, for $793.97 with interest and costs, and on the 27th a writ of fieri facias was issued on the judgment; that the fieri facias was levied upon certain…
1Opinion of the CourtMiller, J.
In our opinion the only question that need be determined in this case is, whether the mortgage executed by Parmenio Marlow to his mother Mary Marlow is valid as against the creditors of the mortgagor or not? The sole ground upon which its invalidity, in this respect, has been placed, is that no such affidavit thereto has been made by *136the mortgagee as is required by sections 29 and 51 of Article 24 of the Code, which provide in effect that “no hill of sale or mortgage of personal property shall he valid, except as between the parties, unless the bargainee, or vendee, or mortgagee, or some one…
2Cases cited8 opinions
- Friend v. HamillCourt of Appeals of Maryland · 1871
- Cockey v. Milne's lesseeCourt of Appeals of Maryland · 1860
- Warner v. HardyCourt of Appeals of Maryland · 1854
- Denton v. GriffithCourt of Appeals of Maryland · 1861
- Hollingsworth v. M'DonaldCourt of Appeals of Maryland · 1806
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3Cited by10 opinions
- Kline v. Inland Rubber Corp.Court of Appeals of Maryland · 1949
- Pagenhardt v. WalshCourt of Appeals of Maryland · 1968
- Ressmeyer v. NorwoodCourt of Appeals of Maryland · 1912
- Groh v. CohenCourt of Appeals of Maryland · 1930
- Duckworth v. BernsteinCourt of Special Appeals of Maryland · 1983
5 more not listed; retrieve them via the Exa API.