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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 20   View pdf image (33K)
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39 HIGH COURT or CHAWCERY.
clusively to the rights of the petitioner as against Wilson's
judgment.
It is, thereupon, ordered, this 14th day of February, 1880,
that the petition of John King, filed in this cause on the 5th
day of November, 1849, be, and the same a hereby, dismissed,
with costs to be taxed by the .Register.
[The second opinion waa delivered on the lat of October,
1861, as follows:]
HIGH CHANCELLOR:
In the opinion of this court delivered on the 14th of Febru-
ary, 1850, the facts of the owe are stated down to that period,
and it, of course, is unnecessary to recapitulate them.
Upon those facto, the court come to the conclusion that it
had no power to open and rescind the order of the 20th of July,
1849, upon the petition of John King, filed on the 5th of No-
vember of the same year, the object of which, was to apply a
portion of the money raised by a sale of the property, in the
proceedings mentioned, in a different way from the appropria-
tion directed by that order.
The order of February, 1850, stands unreversed, no attempt
having been made to bring it before a superior court for exam-
ination, and we are now engaged upon a petition filed on the
Mat of January, 1851, nearly twelve months afterwards, in
substantially re-trying the same question, in the same cause,
because it is quite apparent if the present attempt is successful,
the object proposed by the former petition will be accomplished.
The petition of November, 1849, was filed by King, the
second mortgagee, claiming that the surplus' proceeds of sale,
after satisfying the elder mortgage, should be applied to the
payment of his mortgage, in preference to a junior judgment
ia favor of the state, use of Samuel Wilson, to which, by the
report of the Auditor and the court's order of the 26th of July,
1849, such surplus had been in part applied, and this petition,
fm the reasons stated in the former opinion, was dismissed.
The present petition was filed on the 31st of January, 1851,

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 20   View pdf image (33K)
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