Linnenkemper v. Kempton
Court of Appeals of Maryland
Appeal from the Circuit Court of Baltimore City. The case is stated in the opinion of the Court. In the Court below, (Bobbin, J.,) delivered the following opinion: “In this case the plaintiff obtained an ex parte decree for the sale of mortgaged '¡itemises, under which the same have been sold, and the sale has been reported to this Court for ratification.
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Appeal from the Circuit Court of Baltimore City. The case is stated in the opinion of the Court. In the Court below, (Bobbin, J.,) delivered the following opinion: “In this case the plaintiff obtained an ex parte decree for the sale of mortgaged '¡itemises, under which the same have been sold, and the sale has been reported to this Court for ratification. Rebecca C. Kempton, the wife of the mortgagor, with whom she united in the mortgage, now excepts to the ratification of the sale upon two grounds: “1st. That she was coerced into the execution of the mortgage by acts of her husband, which…
1Opinion of the CourtBabtol, C. J.
This is an appeal from the decree of the Circuit Court of Baltimore City, setting aside a sale made by a trustee under a decree passed upon petition of the apjDellant, in pursuance of the terms of a mortgage of Kempton and wife to Kerchner, dated January 15th 1876¿ exhibited with the petition. The decree from which the appeal was taken also declared the mortgage to be void.
Kerchner, the mortgagee, having become bankrupt, the appellant was duly appointed his assignee, and in that character, instituted these proceedings for the purpose of enforcing the mortgage.
■ The property embraced in the…
2Cases cited1 opinion
- Kerchner v. KemptonCourt of Appeals of Maryland · 1878