Schooley v. Romain
Court of Appeals of Maryland
Appeal from tbe Circuit Court for Somerset County, in Equity. The bill in this case was. filed to foreclose a mortgage, and to procure a sale of the mortgaged premises. The facts of the case are sufficiently set out in the following opinion of the Circuit Court: This suit was instituted by the complainant, John Romain, to foreclose a mortgage executed to him by Thomas 8. Peers and wife, and James Richmond and wife, and to procure a sale of the mortgaged premises.
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Appeal from tbe Circuit Court for Somerset County, in Equity. The bill in this case was. filed to foreclose a mortgage, and to procure a sale of the mortgaged premises. The facts of the case are sufficiently set out in the following opinion of the Circuit Court: This suit was instituted by the complainant, John Romain, to foreclose a mortgage executed to him by Thomas 8. Peers and wife, and James Richmond and wife, and to procure a sale of the mortgaged premises. The original mortgagors, and Joseph P. Schooley and Abraham Price, purchasers of the equity of redemption, are the defendants. The…
1Opinion of the CourtBartol, C. J.
Upon the question of the construction of the mortgage, and the bond or obligation of Richniond and Peers, to enforce the payment of which this bill was filed, wo entirely agree with the Circuit Court, and upon the reasoning contained in the opinion of that Court, sent up with the record, and the authorities therein cited, we are willing to rest our decision of that question. The object of the suit is to enforce the payment of the mortgage debt and in*584terest, according to the terms of the contract; it is in no sense a proceeding to enforce a penalty or forfeiture.
(Decided 22d December, 1869.)
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