Stewart v. Iglehart
Court of Appeals of Maryland
Appeal from Chancery. The appellee, on the 20th August 1832, exhibited his bill in the court of Chancery, praying for the sale of a tract of land called the “ Two Brothers,” which had been mortgaged to him on the 19th day of July 1832, by Richard Stewart, ,and Louisa his wife, to secure the payment of $281,27. The bill alleged, that the mortgagors derived their title to the premises, from Joseph Stewart and Maria his wife, and that, although the latter, denied the validity…
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Appeal from Chancery. The appellee, on the 20th August 1832, exhibited his bill in the court of Chancery, praying for the sale of a tract of land called the “ Two Brothers,” which had been mortgaged to him on the 19th day of July 1832, by Richard Stewart, ,and Louisa his wife, to secure the payment of $281,27. The bill alleged, that the mortgagors derived their title to the premises, from Joseph Stewart and Maria his wife, and that, although the latter, denied the validity of the deed from them, . the complainant affirmed it to be a fair, and operative deed, and effectual to pass the title.…
1Opinion of the CourtSpence, Judge
This cause is brought up to this court, by an appeal from a decree of the Chancellor, and the main question submitted for our decision is, whether the deed from Joseph Steioart and wife, to Richard Stewart, dated September 24th 1831, is a fraudulent deed, and void against creditors only, or void against the grantors, or either of them.
Let us here settle it as a preliminary point, that James Iglehari, the complainant, stands in the shoes, and holds the same relation in this cause, to the extent of his mortgage deed from Richard Stewart, as Richard Stewart did under the deed from Joseph Stewart…
2Cited by10 opinions
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- Chase v. WinansCourt of Appeals of Maryland · 1883
- Harrison v. HarrisonCourt of Appeals of Maryland · 1931
- Freeman v. SedwickCourt of Appeals of Maryland · 1847
- Schuman ex rel. Hesen v. PeddicordCourt of Appeals of Maryland · 1879
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