McCubbin v. Stanford
Court of Appeals of Maryland
Appeal from a pro forma decree of the Circuit Court of Baltimore City dismissing appellant’s petition for a writ of possession. Thomas.
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Appeal from a pro forma decree of the Circuit Court of Baltimore City dismissing appellant’s petition for a writ of possession. Thomas. H. Stanford, Jr., being indebted to the Baltimore and Ohio Railroad Company, and holding a farm in Howard County in his own name, and a house on Eutaw Place in the names of himself-and wife as tenants by entireties, on June nth and 12th, 1894, conveyed said farm and said house to The Real Estate and Improvement Company of Baltimore City by deeds absolute in form, but which were in fact mortgages or deeds of trust to secure the payment of the debt due to the…
1Opinion of the CourtBryan, J.
McCubbin having purchased certain real estate in the city of Baltimore at a sale under a decree in equity, filed a petition for a writ of habere facias possessionem against Mrs. Stanford, who was in possession of the property. Her husband was the defendant in equity, but she was not a party to the proceeding. The suit was for the purpose of subjecting the property to the payment of a mortgage executed by the husband. She answered the petition, and the Court pro forma dismissed it. Appeal by McCubbin.
*390It was stated in the petition and admitted in the answer that the real estate was conveyed to…
2Cases cited5 opinions
- Marburg v. ColeCourt of Appeals of Maryland · 1878
- Schindel v. SchindelCourt of Appeals of Maryland · 1858
- Keller v. KellerCourt of Appeals of Maryland · 1876
- Plummer v. JarmanCourt of Appeals of Maryland · 1876
- Clark v. WoottonCourt of Appeals of Maryland · 1885
3Cited by32 opinions
- Deems v. Western Maryland Railway Co.Court of Appeals of Maryland · 1967
- In Re FordUnited States Bankruptcy Court, D. Maryland · 1980
- Roger Schlossberg, Trustee-Appellant v. Jean Barney, Debtor-AppelleeCourt of Appeals for the Fourth Circuit · 2004
- Masterman v. MastermanCourt of Appeals of Maryland · 1916
- Columbian Carbon Co. v. KightCourt of Appeals of Maryland · 1955
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