LeBrun v. Marcey

This is an appeal from a summary judgment in an action on the promissory note that was involved in LeBrun v. Prosise, 197 Md. 466, 79 A. 2d 543. In that case plaintiff in the instant case was one of the defendants; defendants in the instant case were the plaintiffs. At the argument the principal question discussed was whether the doctrine of res judicata makes the decision in that case decisive of this case.

The Prosise case was a suit in equity to enjoin foreclosure of the deed of trust which purported to secure the note, and to procure cancellation of the deed of trust and surrender of the…