Rouskulp v. Kershner
Court of Appeals of Maryland
Appeal from the Circuit Court of Baltimore City. Samuel J. Rouskulp held two mortgages upon the fee simple property of Benjamin F. Kershner, of Baltimore City. To accommodate Kershner, Rouskulp agreed to allow a mortgage for $8000 to be executed upon the same property and to take precedence of his mortgages.
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Appeal from the Circuit Court of Baltimore City. Samuel J. Rouskulp held two mortgages upon the fee simple property of Benjamin F. Kershner, of Baltimore City. To accommodate Kershner, Rouskulp agreed to allow a mortgage for $8000 to be executed upon the same property and to take precedence of his mortgages. Papers were executed purporting to be proper papers for the accomplishment of this object, though it afterwards appeared that Kershner had first procured the release of said mortgages held by Rouskulp, afterwards obtaining a loan of $6000, from Amelia O. Hinks, of Baltimore City, by first…
1Opinion of the CourtAlvey, J.
The only questions in this case arise upon the pleas interposed by Mrs. Ilinks, and by John F. Batzler, to the bill of the appellant.
Instead of setting the pleas down for argument, according to established practice, the appellant demurred to them ; and, upon allowance of the pleas as a good defence, the bill was dismissed absolutely.
A plea is not a frequent mode of defence in our equity practice; but when it is resorted to, it has been held that the principles of the English Court of Chancery apply to it, and that it should be dealt with and proceeded on according to settled rule and…
2Cases cited5 opinions
- Lloyd v. ScottSupreme Court of the United States · 1830
- Hughes v. BlakeSupreme Court of the United States · 1821
- Jackson ex dem. Bartlett v. HenryNew York Supreme Court · 1813
- Chase v. M'DonaldCourt of Appeals of Maryland · 1826
- Tyson v. RickardCourt of Appeals of Maryland · 1810
3Cited by9 opinions
- Carozza v. Federal Finance & Credit Co.Court of Appeals of Maryland · 1925
- In Re Bethesda Air Rights Ltd. PartnershipUnited States Bankruptcy Court, D. Maryland · 1990
- Peoples v. AultCourt of Appeals of Maryland · 1912
- Montague v. SewellCourt of Appeals of Maryland · 1882
- Bailey v. PoeCourt of Appeals of Maryland · 1923
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