Clabaugh v. Byerly
Court of Appeals of Maryland
Appeal from the Equity Side of Carroll county court. The bill in this case was filed by Jacob Byerly, (the appellee,) against the appellants, and Jacob Hipe and Henry H. Hoppe, on the 22nd of February 1841, for the sale of certain real estate mortgaged to the complainant by said Hupe.
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Appeal from the Equity Side of Carroll county court. The bill in this case was filed by Jacob Byerly, (the appellee,) against the appellants, and Jacob Hipe and Henry H. Hoppe, on the 22nd of February 1841, for the sale of certain real estate mortgaged to the complainant by said Hupe. Tire bill alleges that Hupe mortgaged the property in question, to the complainant, on the 3d of September 1842, to secure the payment of his, (Hope’s,) promissory note for the sum of $1160, dated 1st of September 1842, and payable to complainant, on or before the 1st, of March 1844, with interest every six…
1Opinion of the CourtMagkuder, J.
The appellee in this court was the complainant in the court below. He insists that his mortgage dated the third day of September, eighteen hundred and forty-two, shall be preferred to the mortgage of the appellants, not only executed but recorded before the execution of the appellee’s mortgage. The act of Assembly of 1825, chap. 203, does not give any such preference. It provides, (sect. 1st,) that in case of several deeds for the same real or personal estate, the deed which shall be first recorded according to law, shall have the preference in all courts of law and equity in this State, if…
2Cited by18 opinions
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- Ahern v. WhiteCourt of Appeals of Maryland · 1874
- Heuisler v. NickumCourt of Appeals of Maryland · 1873
- Howes v. StateCourt of Appeals of Maryland · 1922
- Kiefer v. StateCourt of Appeals of Maryland · 1898
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