Legal Opinion

Swan v. Patterson

Court of Appeals of Maryland

Decided December 15, 1854PublishedCited by 15 opinions

Appeal from the Court of Chancery. In this case a bill was filed for the sale of certain real estate mortgaged by Rebecca Dorsey to the Neptune Insurance Company, on the 15th of April 1843, to secure an indebtedness of $8000. After the decree for the sale was passed, this company assigned their interest in the mortgage and decree to the Baltimore Life Insurance Company, and on the 15th of February 1844, Rebecca Dorsey, the mortgagor, conveyed her equity of redemption in the…

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Appeal from the Court of Chancery. In this case a bill was filed for the sale of certain real estate mortgaged by Rebecca Dorsey to the Neptune Insurance Company, on the 15th of April 1843, to secure an indebtedness of $8000. After the decree for the sale was passed, this company assigned their interest in the mortgage and decree to the Baltimore Life Insurance Company, and on the 15th of February 1844, Rebecca Dorsey, the mortgagor, conveyed her equity of redemption in the mortgaged premises, subject to the mortgage debt, to Edward H. Dorsey, who on the 9th of March, of the same year,…

1Opinion of the CourtTuck, J.

This case was decided at December term 1853, under the impression on the part of the court that the record had been submitted by the appellant’s counsel. We are satisfied’ that this resulted from a misunderstanding, and that the appellant is entitled to have the case reconsidered on the written arguments since filed.

After another examination of the questions, with the authorities now referred to, we see no reason to change the decree' heretofore passed. It may be that the appellant, when he *176endorsed Dorsey’s notes, supposed that he would have the benefit of the security held by the creditor;…

2Cited by15 opinions

  1. Neely v. JonesWest Virginia Supreme Court · 1880
  2. G.E. Capital Mortgage Services, Inc. v. LevensonCourt of Appeals of Maryland · 1995
  3. Commonwealth of Virginia v. StateCourt of Appeals of Maryland · 1870
  4. Rooker v. BensonIndiana Supreme Court · 1882
  5. Carithers v. StuartIndiana Supreme Court · 1882

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