Hamilton v. Schwehr
Court of Appeals of Maryland
Appeal from the Circuit Court of Baltimore City. In addition to the facts of the case as given in the opinion of the Court, it may be further stated that after the final ratification of the sales, the proceedings were referred to the auditor, who stated four Accounts, viz: A, B, C and D, the last upon instructions of the complainant’s counsel. To Accounts A, B and C, and in part to Account D, the complainant excepted.
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Appeal from the Circuit Court of Baltimore City. In addition to the facts of the case as given in the opinion of the Court, it may be further stated that after the final ratification of the sales, the proceedings were referred to the auditor, who stated four Accounts, viz: A, B, C and D, the last upon instructions of the complainant’s counsel. To Accounts A, B and C, and in part to Account D, the complainant excepted. All of these Accounts were rejected by the Court’s order of the 9th of December, 1869, and the papers were again referred to the auditor, with- directions to state an account…
1Opinion of the CourtBrent, J.
In October, 1867, the appellant, Hamilton, leased to Frederick Schwehr, two lots lying in the City of Baltimore, one on the Southwest corner of McHenry and Sterrett streets, and the other (adjoining) on the West side of Sterrett street. On the same day, a mortgage was executed by Schwehr to Hamilton, on these two lots, to secure the payment of four thousand *117dollars — part of which was for a debt already due, and the other part for advances to be made, to enable Schwehr to erect five houses on the lot upon the West side of Sterrett street. Such advances were to be made as the houses…
2Cases cited1 opinion
- Hastings' CaseSupreme Court of Pennsylvania · 1840
3Cited by11 opinions
- Foster v. FosterCourt of Special Appeals of Maryland · 1976
- Smith v. ShafferCourt of Appeals of Maryland · 1878
- Owings v. RhodesCourt of Appeals of Maryland · 1886
- Gebhart v. MerfeldCourt of Appeals of Maryland · 1879
- Sinclair Estates, Inc. v. CHAS. R. GUTHRIE, CO., INC.Court of Appeals of Maryland · 1960
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