Alderson v. Ames
Court of Appeals of Maryland
Appeal from the Equity Side of the Circuit Court of Harford county. The bill in this case was filed by the appellant, for the sale of certain real estate which had been mortgaged to him by the appellee, Ames.
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Appeal from the Equity Side of the Circuit Court of Harford county. The bill in this case was filed by the appellant, for the sale of certain real estate which had been mortgaged to him by the appellee, Ames. The lend was sold, and upon the distribution of the proceeds the question arose, whether the appellant or the appellee, Day, was entitled to a priority under the circumstances stated in the opinion of this court? Two accounts were stated, one giving priority to Jchte app.ellaní and the other giving preference to Day. The latter was confirmed pro forma by the court, (Constable, J.,) and…
1Opinion of the CourtTuck, J.
This is an appeal from a proforma order of the circuit court for Harford county, sitting in equity.
It appears' that Ames purchased a lot of land from one Harlan, and took from him a bond of conveyance. He after-wards, and before'payment of any part of the purchase money, mortgaged the land to the appellant, and in the mortgage assigned the bond of conveyance to him. This mortgage was recorded on the 1st October 1845. Harlan, subsequently to this, executed' a deed to Ames, who, on the same day, mortgaged the land to Day to secure the sum of $503, recited in the mortgage as due “after a fair…
2Cases cited3 opinions
- Henderson v. MayhewCourt of Appeals of Maryland · 1844
- Woollen v. HillenCourt of Appeals of Maryland · 1850
- Clabaugh v. ByerlyCourt of Appeals of Maryland · 1847
3Cited by14 opinions
- G.E. Capital Mortgage Services, Inc. v. LevensonCourt of Appeals of Maryland · 1995
- Milholland v. TiffanyCourt of Appeals of Maryland · 1886
- Ahern v. WhiteCourt of Appeals of Maryland · 1874
- General Insurance v. United States InsuranceCourt of Appeals of Maryland · 1857
- Lomax v. PickeringSupreme Court of the United States · 1899
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