Legal Opinion

Reiff v. Eshleman

Court of Appeals of Maryland

Decided July 17, 1879PublishedCited by 6 opinions

Appeals from the Circuit Court for Washington County, in Equity. Ahraham Horst, a citizen of Washington County, being indebted to Daniel Eshleman, a citizen of Pennsylvania, executed to him on the 5th of June, 1874, a mortgage of certain real estate lying in Washington County, to secure the sum of $4000, with interest thereon from the 1st of April, 1874. The mortgage was duly acknowledged before a justice of the peace in and for Washington County, on the day of its date.

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Appeals from the Circuit Court for Washington County, in Equity. Ahraham Horst, a citizen of Washington County, being indebted to Daniel Eshleman, a citizen of Pennsylvania, executed to him on the 5th of June, 1874, a mortgage of certain real estate lying in Washington County, to secure the sum of $4000, with interest thereon from the 1st of April, 1874. The mortgage was duly acknowledged before a justice of the peace in and for Washington County, on the day of its date. The following was the affidavit of consideration by the mortgagee: “State of Pennsylvania, Lancaster County, to wit:…

1Opinion of the Court

Brent, J.,

delivered the opinion of the Court.. There are two appeals contained in the same record. They have been argued together, and we shall dispose of them in one opinion.

In the appeal of Reiff and others against Daniel Eshleman, the question involved is the priority of their respective mortgages.

The mortgage of Daniel Eshleman is the first in date, hut it is objected, that although it has been put upon the records in time, it is void, because there is no proper affidavit by the mortgagee, appended to it, of the bona fides of the consideration expressed in it.

By referring to the mortgage,…

2Cases cited1 opinion

  1. Mackintosh v. CornerCourt of Appeals of Maryland · 1871

3Cited by6 opinions

  1. Pagenhardt v. WalshCourt of Appeals of Maryland · 1968
  2. Edmondson v. Chesapeake Clamchip CorporationDistrict Court, D. Maryland · 1972
  3. In re ShapiroDistrict Court, D. Maryland · 1940
  4. Berean Bible Chapel, Inc. v. PonzilloCourt of Special Appeals of Maryland · 1975
  5. Buck v. GladfelterCourt of Appeals of Maryland · 1913

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