Maryland Permanent Land & Building Society v. Smith
Court of Appeals of Maryland
Appeal from the Circuit Court of Baltimore City. The questions in this case arise upon exceptions to the ratification of a sale made by a trustee- under a decree for the foreclosure of a mortgage.
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Appeal from the Circuit Court of Baltimore City. The questions in this case arise upon exceptions to the ratification of a sale made by a trustee- under a decree for the foreclosure of a mortgage. The statement of the mortgage claim under Art. 4, sec. 783 of the Code of Public Local Laws, and the Act of 1864, ch. 124, requiring “a statement of the amount of said mortgage claim remaining due,” was as follows: “Baltimore, January 23rd, 1874. “Richard Henry Smith, To the Maryland Permanent Land and Building Society of Baltimore, To amt. advanced on ten shares of stock, redeemed as per…
1Opinion of the CourtBartol, C. J.
Eleven exceptions to the sale made and reported by Thomas W. Griffin, Esq., trustee, were made by the appellee Richard Henry Smith, the mortgagor; all of which were overruled by the Circuit Court. After the proof had been taken two additional objections were filed; the first of which was held by the Circuit Court to be fatal, and for that cause, ordered that the sale be set aside.
This exception was as follows: “Because the trustee required terms of purchase not authorized by the decree in demanding a deposit of $300.’’
The terms of sale prescribed by the decree, were “ one-third cash, and the…
2Cases cited1 opinion
- Gray v. VeirsCourt of Appeals of Maryland · 1870
3Cited by10 opinions
- Stack v. MarneyCourt of Appeals of Maryland · 1969
- Greenbriar Condominium v. BrooksCourt of Appeals of Maryland · 2005
- Kirsner v. Sun Mortrage Co.Court of Appeals of Maryland · 1928
- Pacific Mortgage & Investment Group, Ltd. v. LaGuerreCourt of Special Appeals of Maryland · 1989
- Boynton v. RemsonCourt of Appeals of Maryland · 1918
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