Wildey v. Collier
Court of Appeals of Maryland
Appeal from the Equity Side of the Superior Court for Baltimore city. The appellees, Collier and wife, on the 19th of October 1849, executed a mortgage of certain leasehold property in the city of Baltimore, belonging to the wife, to Wildey, the appellant, to secure the payment to him of five promissory notes, drawn by John M. Slaney, in favor of and endorsed by Collier, amounting to $2558.96. This mortgage was executed under the act of 1833, ch. 181, and, upon petition, a…
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Appeal from the Equity Side of the Superior Court for Baltimore city. The appellees, Collier and wife, on the 19th of October 1849, executed a mortgage of certain leasehold property in the city of Baltimore, belonging to the wife, to Wildey, the appellant, to secure the payment to him of five promissory notes, drawn by John M. Slaney, in favor of and endorsed by Collier, amounting to $2558.96. This mortgage was executed under the act of 1833, ch. 181, and, upon petition, a decree was passed for the sale of the property on the 7th of April 1852, under which it was sold. The appellees objected…
1Opinion of the CourtTuck, J.
We suppose that the money claimed in this case was due to the appellant, and that his object in taking the mortgage was to secure his debt, without any design to obtain a nolle prosequi by improper means. It is quite apparent, that Mrs. Collier, not being indebted to the appellant, became a party to the mortgage for the sole purpose of inducing him to use his efforts in obtaining the nolle prosequi, making her property responsible for a debt not her own. This, it is true, a feme sole may do, but the question here is, whether this deed is not avoided by the law for the reasons assigned in the…
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