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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 511   View pdf image (33K)
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McKIM VS. THE WHITE HALL CO. 511
had passed his several notes therein recited. The mortgagor
covenanted to pay the state and city taxes on each of these
mortgage debts, and the insurance upon the property secured
by them. The bill then alleges the failure of the mortgagor to
pay, according to the terms of the mortgages, and states that
the defendant, Mason, on the 11th of March, 1847, assigned
his equity of redemption, in the property thus mortgaged, to
the defendants, the White Hall Company, by deed o;f that date.
It then prays for a sale of the land, &c.
The answer of Mason admits the execution of the mortga-
ges, as charged in the bill, and the assignment of his equity of
redemption to the White Hall Company, and then prays to
be dismissed, &c.
The answer of the White Hall Company was filed on the
6th of November, 1849; and, after admitting the execution of
the first mortgage, but requiring strict proof of the amount due
thereon, proceeds as follows: "As to the second mortgage
mentioned in the said bill of complaint, as having been exe-
cuted on the 9th of October, 1848, this respondent admits toe
execution by the said Mason, of the said last mentioned mort-
gage, and of the promissory notes intended to be secured
thereby; but this respondent denies that the said complainants,
or either of them, or any one on their behalf, ever loaned, or
paid to the said Mason, or to any one on his behalf, any part
of the money mentioned it? said second mortgage, and in-
tended to be secured thereby, but, on the; contrary, this. res-
pondent charges and avers, that the sum of $6,000, and the
interest thereon, was reserved and, demanded by the aforesaid
complainants, of the said Mason, as additional compensation to,
them for loans of money, made by them., to the said Mason,
upon which said loans, they were also to receive the full amount.
of interest allowed by law in the State of Maryland,, and that
the whole amount legally due to the. complainants, upon both;
the aforesaid two mortgages is fully covered by the first mort-
gage hereinbefore mentioned, if even that sum, be due, and that
th^e said complainants paid BO legal consideration for said
second mortgage, and that they are not entitled, to receive the

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 511   View pdf image (33K)
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