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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 39   View pdf image (33K)
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EICHELBERGER VS. HARKISON. 39
WILLIAM 0. EICHELBERGER
VS. DECEMBER TERM, 1861.
NATHAN HARRISON.
[ACT OF 1888, CH. 181, RELATING TO MORTGAGES, CONSTRUCTION OF, ETC.]
THE Act of 1833, ch. 181, contemplates that the proceedings upon mortgages
taken under it should be ex parte, until after the decree and sale, and that
the propriety of the decree and the validity of the sale may be inquired
into and contested after the order of ratification nisi, and before the final
order.
The mortgagor in such a mortgage cannot, therefore, complain that he had
no notice of the application for a decree; neither can he prevent the sale
under the decree, upon the ground that he is entitled to credits against
the debt secured by the mortgage, which credits existed, if at all, prior
to and at the time of its execution.
[The facts of this case are fully stated in the opinion of the
Chancellor.]
THE CHANCELLOR;
It is quite evident, that the proceeding upon mortgages,
like the present, which was taken in conformity with the pro-
vision contained in the second section of the Act of December
session, 1833, ch. 181, being "an Act relating to mortgagee,"
was contemplated to be ex parte, until after the decree and
the sale under the decree, and that the propriety of the decree
and the validity of the sale made thereunder were to be
inquired into and contested after the passage of the order of
ratification nisi, and before the final order of confirmation
should be passed.
The second section expressly provides, that when mortgages
are executed in the manner therein specified, the mortgagees
may at any time, after filing the same to be recorded, submit
the original, or an official copy, to the Chancellor, or Baltimore
County Court, or any Judge thereof, who may thereupon forth-
with decree a sale of the mortgaged premises, and appoint a
trustee to make the sale; the sale to be made at any one of
the periods limited in the mortgage for th& payment of the

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 39   View pdf image (33K)
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