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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 1, Page 477   View pdf image (33K)
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CLARK VS. ABBOTT. 477

mortgagees, "all the estate and property, real, personal and
mixed, without reservation or exception, wheresoever situate or
being, to which they or either of them were in any manner en-
titled, interested in, or could claim ;" and the decree was for a
sale of "the mortgaged property in said proceedings mentioned,
or so much thereof," &c.

[As to this exception, the Chancellor said:]

In answer to the third exception to the ratification of the sale,
it may be sufficient to say, that the decree authorizes a sale of
the mortgaged property, without restriction or limitation, and
it is believed, that if this court has erred, the only remedy is by
appeal, or by some other proceeding by which such errors can
be reviewed and corrected.

The propositions of law announced above, are maintained, it
is thought, by the cases of Camphell vs. McComb, 4 Johns. Ch.
Rep., 534, and Harris & Chauncey vs. Micock, 10 G. & J. 226.

By the former it was decided, that though the mortgagor, as
owner of the equity of redemption, may, by paying the interest
and costs due, stay the sale, the decree of foreclosure will re-
main as a further security to enforce the payment of the future
interest and the installments of the principal, as they respectively
become due. And by the latter, at page 252, the position that
the court will always ratify and confirm that when done, which,
as a matter of course, if previously applied to, it would have or-
dered to be done, is stated with a perspicuity and emphasis
which is incapable of misconstruction.

No sufficient reason, then, appearing for vacating the sales,
they will be confirmed; and the only question remaining to be
disposed of, arises upon the petition of the complainants, that
the trustee may be authorized to receive the rents and interests
which accrued on the mortgaged property prior to the sales.

It appears by a statement of the claim of the complainants,
filed in conformity with the act of 1833, ch. 181, that the install-
ments of the mortgage debt due and to become due, amount to
$10,002, and as the gross proceeds of the sales are only $6,149
78, the deficiency is large; and the mortgagees are threatened



 
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 1, Page 477   View pdf image (33K)
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