Frazier v. Lanahan
Court of Appeals of Maryland
Appeal from the Circuit Court for Calvert County, in Equity. A hill of complaint was filed in this case to obtain the foreclosure of a mortgage from the appellants to the appellee on lands, in Calvert County, to secure the payment of a note dated the 20th of June, 1872, given by James H. Frazier, for $1,640, payable twelve months after date to the order of Samuel J. Lanahan.
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Appeal from the Circuit Court for Calvert County, in Equity. A hill of complaint was filed in this case to obtain the foreclosure of a mortgage from the appellants to the appellee on lands, in Calvert County, to secure the payment of a note dated the 20th of June, 1872, given by James H. Frazier, for $1,640, payable twelve months after date to the order of Samuel J. Lanahan. The defendants, in their answer, not under oath, averred, as a defence that the debt had been paid; and usury.. The charge of usurious interest having been admitted, the Court (Brooke, J.) adjudged that the plaintiff was…
1Opinion of the CourtRobinson, J.
*133The appellant, Frazier, was indebted to Messrs. Lanahan & Son on a running account beginning in 1871, and continuing down to 1874. Among the items in this account was a note of $1,640, the payment of which was secured by a mortage, in which Frazier’s wife united. Another item was a note of $1,000, and on this note a judgment was entered against Frazier and wife. The entire indebtedness of Frazier to Lanahan & Son amounted to $8,017.10. Upon this indebtedness payments were made by Frazier at sundry times amounting to $6,642.37, leaving a balance, as claimed by Lanahan & Son, of $1,474.73.…
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