Tubman v. Lowekamp
Court of Appeals of Maryland
Appeal from the Circuit Court for Howard County, in Equity. The bill of complaint in this case, was filed on the 7th of February, 1873, by the appellee against the appellants, Samuel M. Tubman and Agnes, his wife.
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Appeal from the Circuit Court for Howard County, in Equity. The bill of complaint in this case, was filed on the 7th of February, 1873, by the appellee against the appellants, Samuel M. Tubman and Agnes, his wife. It charged that on the 19th of November, 1866, the said Samuel M. Tubman and Agnes, his wife, executed a deed of mortgage to Lucy A. Tubman, to secure the payment of $2000 ; that afterwards, to wit, on the 23rd of January, 1872, the said Lucy executed to the complainant, an assignment of said mortgage ; that the time for the payment of the mortgage debt had passed, and that the said…
1Opinion of the CourtStewart, J.
It is shown by the decided preponderance of the testimony in this cause, without going into its particulars, that Lucy A. . Tubman was deceived in the transfer of the mortgage agqinst S. M. Tubman, to John B. Lowekamp.
Her assignment of the mortgage was necessary to pass the legal title to the property ; and.its equitable effect, if the consideration. had been paid according to its terms, would have been to vest in Lowekamp, the assignee, the debt or note it was intended to secure.
After a bona fide assignment she could not set up as an equitable defence against such operation, that she had not…
2Cases cited3 opinions
- Lister v. Allen ex rel. RatcliffeCourt of Appeals of Maryland · 1869
- Patterson v. WilsonCourt of Appeals of Maryland · 1834
- Reynolds v. DavisonCourt of Appeals of Maryland · 1871
3Cited by3 opinions
- Blum v. ApitzCourt of Appeals of Maryland · 1925
- In re the Estate of MyersBaltimore City Orphans' Court · 1891
- Waters v. McKimBaltimore City Circuit Court · 1891