Tome v. Merchants & Mechanics' Permanent Building & Loan Co.
Court of Appeals of Maryland
Appeal from the Circuit Court of Baltimore City. The bill in this case, filed by the appellant, charged that on or about the 26th of April, 1865, the appellee, Maria A. Miller, then Maria A. Kelsey, having purchased a leasehold interest in a lot of ground on Madison avenue, in the city of Baltimore, of a certain William Applegarth, and not being fully able to pay the entire purchase money, applied to the appellant for a loan of $6,000, which he agreed to make bn condition…
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Appeal from the Circuit Court of Baltimore City. The bill in this case, filed by the appellant, charged that on or about the 26th of April, 1865, the appellee, Maria A. Miller, then Maria A. Kelsey, having purchased a leasehold interest in a lot of ground on Madison avenue, in the city of Baltimore, of a certain William Applegarth, and not being fully able to pay the entire purchase money, applied to the appellant for a loan of $6,000, which he agreed to make bn condition that she would secure the same by a mortgage to him of said property — this she agreed to do; that accordingly he advanced…
1Opinion of the CourtBartol, C. J.
We concur in the opinion expressed by the Judge of the Circuit Court that the case presented by the bill and exhibits is not such as entitles the complainant to the writ of injunction as prayed, he is prior mortgagee, not a party to the proceedings instituted by The Merchants and Mechanics’ Building and Loan Company, under their mortgages, and his rights are in no way affected thereby, or by any sale that may be made thereunder. These proceedings are under the provisions of the Code, vol. 2, sec. 782, et seq.: which entitle the mortgagees, the Building and Loan Company, to sell under their…
2Cases cited4 opinions
- Holland v. Mayor of BaltimoreCourt of Appeals of Maryland · 1857
- Polk v. Rose ex rel. CinnamondCourt of Appeals of Maryland · 1866
- Polk v. ReynoldsCourt of Appeals of Maryland · 1869
- McCann v. TaylorCourt of Appeals of Maryland · 1857
3Cited by2 opinions
- Brick Co. v. RobinsonCourt of Appeals of Maryland · 1881
- Webster v. WilliamsCourt of Appeals of Maryland · 1923