Johns v. Reardon
Court of Appeals of Maryland
* Appeal from the Equity Side of the Circuit Court for Harford county. The record iu this case shows, that on the 25th of April 1839, Reardon and wife executed a mortgage of certain land, lying in Harford county, to Johns, to secure $2000 lent to Reardon. The grantors lived in Harford county, and the mortgage was acknowledged before two justices of the peace of the city of Baltimore, and recorded in Harford county.
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* Appeal from the Equity Side of the Circuit Court for Harford county. The record iu this case shows, that on the 25th of April 1839, Reardon and wife executed a mortgage of certain land, lying in Harford county, to Johns, to secure $2000 lent to Reardon. The grantors lived in Harford county, and the mortgage was acknowledged before two justices of the peace of the city of Baltimore, and recorded in Harford county. On the 8th of December 1841, Reardon and wife gave a mortgage to Scott upon this same land and other land, to secure $5000, also due by Reardon. This mortgage was duly executed ,…
1Opinion of the CourtTuck, J.
The property of Mrs. Reardon, conveyed to Johns, was not her separate estate, which she could bind in equity, but her estate at law, of which she could not be divested, except in the mode prescribed by our acts of Assembly, to pass the real estate of a feme covert. Chaney vs. Tipton, 3 Gill, 327. As that deed was not acknowledged according to law, it was wholly inoperative as to her, and must be dealt with as if she had not been a party to it; and then the parties stand in this predicament, Johns held a mortgage of the property as if executed by James Reardon alone, and Scott a mortgage on…
2Cases cited3 opinions
- Woollen v. HillenCourt of Appeals of Maryland · 1850
- Watson v. BaneCourt of Appeals of Maryland · 1854
- Chaney v. TiptonCourt of Appeals of Maryland · 1845
3Cited by17 opinions
- Shroyer v. NickellSupreme Court of Missouri · 1874
- Wilcox v. ToddSupreme Court of Missouri · 1877
- Central Land Co. v. LaidleyWest Virginia Supreme Court · 1889
- Grove v. ToddCourt of Appeals of Maryland · 1875
- Simms v. HerveySupreme Court of Iowa · 1865
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