Mayor of Hagerstown v. Groh

This is an appeal from an order of the Circuit Court of Washington County overruling the demurrer of the appellant, the Mayor and Council of Hagerstown, to a bill filed against, it by the appellee. The object of the bill was to procure the payment of a balance due on a mortgage held by the appellee, out of the damages awarded for the mortgaged land in the course of its condemnation by the appellant as a public street.

The mortgage did not contain the usual provision that the mortgagor might remain in possession of the mortgaged premises until default. The. mortgagee had therefore not only the…