McKim v. Mason
High Court of Chancery of Maryland
[The bill in this case was filed on the equity side of Baltimore County Court, on the 5th of September, 1849, by the complainants, for the sale of a certain cotton factory, and other real estate, mortgaged by the defendant, Mason, to the complainants, by two deeds of mortgage : the first dated the 29th of September, 1848, professes to secure the sum of $22,499 33, which the mortgagor owed the complainants, and for which, with the interest thereon, he passed the several…
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[The bill in this case was filed on the equity side of Baltimore County Court, on the 5th of September, 1849, by the complainants, for the sale of a certain cotton factory, and other real estate, mortgaged by the defendant, Mason, to the complainants, by two deeds of mortgage : the first dated the 29th of September, 1848, professes to secure the sum of $22,499 33, which the mortgagor owed the complainants, and for which, with the interest thereon, he passed the several promissory notes recited in said mortgage. The second, dated the 9th of October, 1848, professes to secure the sum of $6,000,…
1Opinion of the Court
The Chancellor:
This case being submitted for a decree, upon the agreement of the parties, the written arguments of their solicitors have been read, and the proceedings carefully considered.
The right of the complainants to a decree upon their mortgage, dated the 29th of September, 1848, is not contested, and, therefore, so far as the debt secured by that mortgage is concerned, no question is made; and the case is supposed to be equally free from difficulty, with respect to the claim for moneys paid by the complainants for taxes and insurance, against which the complainants, by the covenants of…
2Cases cited2 opinions
- Livingston v. TompkinsNew York Court of Chancery · 1820
- Hood v. InmanNew York Court of Chancery · 1820
3Cited by3 opinions
- Craig v. HukillWest Virginia Supreme Court · 1892
- Bilbrey v. StrahornCourt of Appeals of Maryland · 1927
- Mishler v. FinchCourt of Appeals of Maryland · 1906