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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 41   View pdf image (33K)
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EICHELBERGER VS. HARRISON. 41
ment of three notes of $333 33, each dated 8th of August,
1850, payable six, eight, and ten months after date, and the
mortgage and the notes bear the same date.
On the 15th of July, 1851, the defendant filed his petition
in the cause, in which he alleges that the amount secured by
the mortgage had been materially reduced by various dealings
and pecuniary transactions between the parties, and he ex-
hibited an account, by which it appeared that the balance due
from him very little exceeded one-third of the mortgage claim.
This account places upon the credit side the three note»
secured by the mortgage; and all the charges on the other
side, but three of inconsiderable amount, bear date anterior to
the mortgage.
Upon the filing of this petition, however, in which it is
alleged that a large portion of the sum included in the mort-
gage, and for which the property was about to be sold, had
been paid, or was not due, the petition being sustained by the»
affidavit of the petitioner, and an offer made to pay the sum
really and in fact due, in order to prevent a sale of the mort-
gaged premises, I deemed it proper to suspend the sale until
the other side could be heard from, and passed an order to
that effect. The complainant has since answered the petition,
and proof has been taken on both sides, and the' question
argued on one side in writing, and on the other orally.
From the answer and the evidence, I can see no reason to
doubt that the sum expressed in the mortgage is 6ona fide due,
»and I do not, therefore, feel myself at liberty to send the case
to the Auditor for an account. The Act of the Legislature,
under which the mortgage in question was taken, was passed
for the purpose " of facilitating the enforcement of mortgages
of real property and estate in the city of Baltimore." It
declares, after saying that such is its object, " that in all
cases of conveyances, by way of mortgage, of lands, &c.,
situate in the city of Baltimore, and where in the said convey-
ances the mortgagor shall declare his assent to the passing of
a decree, as hereinafter mentioned, it shall and may be lawful
for the mortgagees or their assigns, at any time after the

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 41   View pdf image (33K)
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