Birmingham v. Maryland Land & Permanent Homestead Ass'n
Court of Appeals of Maryland
Appeal from the Circuit Court of Baltimore City. The appellants made a mortgage to the appellee, to secure the repayment of a loan. Default being made, a decree was passed for the sale of the mortgaged premises. The mortgagee afterwards filed a statement of its mortgage claim which was contested by the mortgagors.
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Appeal from the Circuit Court of Baltimore City. The appellants made a mortgage to the appellee, to secure the repayment of a loan. Default being made, a decree was passed for the sale of the mortgaged premises. The mortgagee afterwards filed a statement of its mortgage claim which was contested by the mortgagors. The Court below (Pinkney, J.,) passed an order directing that unless the amount claimed to be due to the mortgagee as shown by its statement, was brought into Court by the mortgagors within a time specified; to be paid to the mortgagee, the trustee should proceed to make sale of the…
1Opinion of the CourtMiller, J.
The question arising in this case is, whether the amount due on the mortgage from the appellants to the appellee, is correctly ascertained by the order appealed from, or whether the usury in the shape of a bonus of $250, and other excessive interest, stipulated for by the contract between the parties, should he eliminated therefrom ?
The appellee insists, that the exaction of this bonus is legalized and made valid by the provisions of its charter, the Act of 1868, ch. 427. By this Act certain named individuals and their successors are incorporated under the name of “ The Maryland Land and…
2Cases cited1 opinion
- Baltimore Permanent Building & Land Society v. TaylorCourt of Appeals of Maryland · 1875
3Cited by7 opinions
- Carozza v. Federal Finance & Credit Co.Court of Appeals of Maryland · 1925
- Meroney v. Atlanta Building & Loan Ass'nSupreme Court of North Carolina · 1895
- B. F. Saul Co. v. West End Park North, Inc.Court of Appeals of Maryland · 1968
- Floyd v. National Loan & Investment Co.West Virginia Supreme Court · 1901
- White v. WilliamsCourt of Appeals of Maryland · 1900
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