Kauffman v. Walker
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore city. A mortgage, under the act of 1833, ch. 181, of certain property in the city of Baltimore, was executed to the appellee, on the 22nd of April 1845, by Wm. H. and Wm. E. Hanson and wife, to secure a debt of f1000. On the 11th of March 1853, after forfeiture, the mortgagee filed her petition in the Superior Court for a decree for a sale under this act. This petition states the death of Win.
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Appeal from the Superior Court of Baltimore city. A mortgage, under the act of 1833, ch. 181, of certain property in the city of Baltimore, was executed to the appellee, on the 22nd of April 1845, by Wm. H. and Wm. E. Hanson and wife, to secure a debt of f1000. On the 11th of March 1853, after forfeiture, the mortgagee filed her petition in the Superior Court for a decree for a sale under this act. This petition states the death of Win. JEL Hanson, and that the appellant had, by mesne assignments, become sole owner of the property, subject to the mortgage. On the same day she filed a…
1Opinion of the CourtTugk, J.
Judicial sales will not be set aside for causes that the parties in interest might, with a reasonable degree of diligence, have obviated. Every intendment will be made to support them. But where the court can see that injustice will be inflicted by the ratification of a sale upon a party not in default, by reason of the carelessness or omission of its own officer, it should interfere to prevent it.
Several objections have been made to this sale, but we think it necessary to advert only to two, the others being insufficient. We are satisfied that the property was sold for much less than its…
2Cases cited4 opinions
- Johnson v. DorseyCourt of Appeals of Maryland · 1848
- Glenn v. ClappCourt of Appeals of Maryland · 1839
- Alexander v. WalterCourt of Appeals of Maryland · 1849
- Cohen v. WagnerCourt of Appeals of Maryland · 1847
3Cited by20 opinions
- Kable v. MitchellWest Virginia Supreme Court · 1876
- Bolgiano v. CookeCourt of Appeals of Maryland · 1863
- Ten Hills Co. v. Ten Hills Corp.Court of Appeals of Maryland · 1939
- Carozza v. Peacock Land Corp.Court of Appeals of Maryland · 1963
- Waters v. PrettymanCourt of Appeals of Maryland · 1933
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