Emery v. Owings
Court of Appeals of Maryland
Appeal from the Equity Side of Baltimore county court. The bill in this case, was filed on the 14th of September 1843, by the appellants, against the appellees, alleging that on the 25th of July 1836, Beale, Cornelius H. and Caleb D. Owings, the owners of uFox Rock Quarry” in said county, being desirous to construct a private road from said Quarry, to the line of the B. Sf O. Rail Road, entered into a contract in relation to the construction thereof, with a certain Charles…
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Appeal from the Equity Side of Baltimore county court. The bill in this case, was filed on the 14th of September 1843, by the appellants, against the appellees, alleging that on the 25th of July 1836, Beale, Cornelius H. and Caleb D. Owings, the owners of uFox Rock Quarry” in said county, being desirous to construct a private road from said Quarry, to the line of the B. Sf O. Rail Road, entered into a contract in relation to the construction thereof, with a certain Charles Wood, your orator Yager, and one Edward Green, the terms of which are particularly set forth in a certain indenture,…
1Opinion of the CourtSpence, J.
The object of the bill in this case is to obtain a decree for the sale of the mortgaged premises, for the payment of a sum of *495money, charged to be due under an award made in pursuance of the provisions of a mortgage deed, bearing date the 25th July 1836.
The questions to be decided, arise under the contract recited in the deed, which is as follows:
“Whereas, it is contemplated to continue the said private road from its nothern termination through the grounds of Nicholas Owings, to the ground hereinafter described, known by the name of Fox Rock, so as to form one entire road or way, from said…
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