Reports of Cases Argued and Determined in the Court of Appeals of Maryland (Volume 60) (Paperback)

Book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1884. Not illustrated. Excerpt: ... Schluderberg M. Robertson, Assignee. the officer did his duty supply the reason that it was "for want of buyers." We think the Circuit Court committed no error in ordering the writ of habere facias to issue. Affirmed, and cause remanded. (Decided 5th December, 1883.) William Schluderberg Vs. Alexander H. RobErtson, Assignee of The Harrison Building AssoCiation, No. 7, Of Baltimore City. Appeal--Liability for Costs--Personal judgment--Rights of Assignee of Mortgaged property. In December, 1817, S. purchased of R. certain leasehold property subject to a balance due on a mortgage thereof. In August. 1880, A. H. R. became the assignee of this mortgage, and on proceedings instituted by him, a decree was passed for the sale of the mortgaged premises. Subsequently, in June, 1881, an auditor's account was stated, ascertaining the balance due on the mortgage, including all interest and costs to that date, and this account was finally ratified by an order of the 7th of October. 1881. The amount thus ascertained, after deducting a small sum conceded to be in excess, was duly paid by S. as assignee of the mortgaged property or equity of redemption. From the order of ratification R., the original mortgagor, appealed, but S. did not join in the appeal. The appeal was dismissed with costs to the appellee. Subsequently, on the petition of A. II. R. an order was passed requiring R. or S. to bring into Court the coste awarded the petitioner in the Court of Appeals, and in default thereof, it was adjudged that the order previously passed restraining the sale of the mortgaged premises be rescinded. Thereupon S. filed his petition praying that the attempted sale of the mortgaged property be restrained, and the original decree entered satisfied. The Court Schluderberg vs. Robertson, Assi...