Gaither v. Tolson
Court of Appeals of Maryland
Appeal from an order of the Circuit Court for Queen Anne’s County (Russum, C. J.), sustaining exceptions to an auditor’s account distributing the proceeds of a mortgage sale, and directing a new account to be stated in accordance with the opinion of the Court.
1Opinion of the CourtBryan, J.
The question in this case is of considerable interest. James S. Cockey and others mortgaged certain land to Thomas H. Gaither for seven thousand dollars. In course of time it became necessary to sell the land for the payment of the debt; and for the purpose of having a sale made, the mortgagee assigned the mortgage to George R. Gaither, Jr., attorney at law, by writing under his hand and seal. This assignment is dated May the second, eighteen hundred and ninéty-five. The mortgagee had in the previous February placed the mortgage debt in the hands of Gaither & Clabaugh, a law firm, for…
2Cases cited1 opinion
- Johnson v. GlennCourt of Appeals of Maryland · 1895
3Cited by20 opinions
- Brenner v. PlittCourt of Appeals of Maryland · 1943
- Webster v. People's Loan, Savings & Deposit BankCourt of Appeals of Maryland · 1931
- Mortgage Investors v. Citizens Bank & Trust Co.Court of Appeals of Maryland · 1976
- Tawney v. ClemsonCourt of Appeals for the Fourth Circuit · 1936
- Weiner v. SwalesCourt of Appeals of Maryland · 1958
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