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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 40   View pdf image (33K)
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40 HIGH COURT Of CHANCERY.
mortgage debt. And the only prerequisite to the sale is to
be found in the third section, which requires the mortgagee
before the sale, and after the arrival of the period limited
therefor, to file in the Chancery Court, or in Baltimore County
Court, a statement of his claim, verified in the mode therein
pointed out, that is, by his oath before the Chancellor or
Judge, or, according to a supplement to the Act passed at
December session, 1839, ch. 9, before any justice of the
peace.
The fourth section, however, provides, that the trustee shall
make report of his sale to the Chancellor or Baltimore County
Court, as the case may be, and that orders may be passed
touching the ratification thereof, as is now practiced on sales of
mortgaged property in said Courts, and that, as cause against
the ratification, allegations may be made and proof exhibited
under the orders of the Court, to show that the sale should
not have been made, and that, upon being satisfied of the
truth of the allegations, the Courts shall reject the sale, and
throw the whole expense thereof, including the commissions of
the trustee, upon the party who put the proceeding in motion.
The defendant, therefore, in this case, Mr. Harrison, cannot
justly complain that he had no notice of the application for a
decree, even if his complaint of the want of notice was
conceded or proved, which, however, is not the case, his
petition in that respect being expressly contradicted by the
answer of the complainant, and there being no evidence what-
ever in support of the averment.
The decree in this case was passed on the 9th of April,
1851, upon a petition and exhibition of a duly authenticated
copy of the mortgage, and the trustee, having bonded as
required, advertised the property to be sold on the 19th of
July, 1851, all the instalments of the debt having then become
due, the complainant having previously, on the 12th of July;
1851, filed in the Court a statement of his claim, verified
according to the Act of Assembly.
The mortgage debt, as expressed upon the face of the in'
strument, is $1000, having been executed to secure the pay-

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 40   View pdf image (33K)
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