McElderry v. Shipley
Court of Appeals of Maryland
Appeal from a decree of the court of chancery. 18th March 1843, the appeUant filed his bill of complaint in the court of chancery, asking a sale of mortgaged premises, for the payment of a claim which he had against Shipley, one of the appellees. The bill charges, that about the 7th May 1841, James Shipley, through the ag .ncy of Thomas Lister, purchased of the complainant lumber, for erecting a house at Ellicotts Mills, in Howard district.
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Appeal from a decree of the court of chancery. 18th March 1843, the appeUant filed his bill of complaint in the court of chancery, asking a sale of mortgaged premises, for the payment of a claim which he had against Shipley, one of the appellees. The bill charges, that about the 7th May 1841, James Shipley, through the ag .ncy of Thomas Lister, purchased of the complainant lumber, for erecting a house at Ellicotts Mills, in Howard district. Lister was Shipley’s carpenter, and from time to time received the lumber, until the 3rd November 1841, when the account against Shipley amounted to…
1Opinion of the Court
Tuck, J,
delivered the opinion of the court.
The object of the present bill is to obtain a decree for the sale of the property therein mentioned, for the purpose of paying a debt, alleged to be due to the appellant, by the defendant Shipley. It is said that this can be effected in one of three modes, either by considering the property as charged with a trust for the benefit of the complainant to the extent of his claim; or, by reforming the mortgage from Shipley to Lister, and his assignment thereof to the appellant, so as to give to them an effect contrary to their apparent intent; or, by…
2Cases cited7 opinions
- Dorsey v. ClarkeCourt of Appeals of Maryland · 1819
- Griffith v. Frederick County BankCourt of Appeals of Maryland · 1834
- Watkins v. Stockett's Adm'rCourt of Appeals of Maryland · 1825
- Jones v. SlubeyCourt of Appeals of Maryland · 1822
- Wesley v. ThomasCourt of Appeals of Maryland · 1823
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3Cited by15 opinions
- Abbott v. GatchCourt of Appeals of Maryland · 1859
- Beals v. CaseMassachusetts Supreme Judicial Court · 1884
- Lazear v. National Union BankCourt of Appeals of Maryland · 1880
- Dixon v. ClayvilleCourt of Appeals of Maryland · 1876
- Koogle v. ClineCourt of Appeals of Maryland · 1909
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