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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 537   View pdf image (33K)
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STOCKETT VS. TAYLOR. 537
With regard to the second question, my opinion is, that the
defendant Donnell is not entitled to be credited for interest
as charged in the account, exhibited with the answer of the
defendant Howard, on the money advanced to pay expenses
incurred in dividing the estate of Edward G. Williams, and
setting apart the $20,000, for the complainant Mary. It ap-
pears to me, that one-half of these expenses was fairly charge-
able to Mr. Donnell, under the circumstances stated in the
answer of the .trustee Howard: and I do not see upon what
principle he can be credited with interest upon moneys thus
paid.
As the defendant Howard is not interested in the questions
which have been argued, I have thought I would not longer
withhold my opinion upon them, reserving for further consi-
deration and discussion the claim for commission set up in his
answer.
BROWN and BRUNE, for Complainants.
J. MEREDITH, for Defendants.
FRANK H. STOCKETT
vs. DECEMBER TERM,1849.
LEMUEL G. TAYLOR, AND OTHERS.
A. MORTGAGED to B. property on which C. held the vendor's lien. C. sells it,
to pay the balance of his debt. HELD—That the proceeds of sale, after
satisfying C.'s debts, are subject to the mortgage to B.; the rights of the
mortgagee not being affected by turning the lands into money, the lien of
the mortgage attaches upon the surplus proceeds of sale.
Whatever information is sufficient to put a party upon inquiry, is sufficient
notice in equity.
The purchaser of an equity of redemption, sold under a, proceeding against
the mortgagor, has as clear a right to redeem as had the mortgagor him-
self.
Where a party purchases an equity of redemption "at a sheriff's sale, made

 
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 537   View pdf image (33K)
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