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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 59   View pdf image (33K)
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JOHNS VS. REARDON. 59
agreement filed on the 30th of January last, are to be consoli-
dated, that on the 25th of April, 1839, James Reardon and
wife, of Harford county, conveyed to John Johns, the com-
plainant in the first of the above-named cases, a tract of land,
situate in the same county, by way of mortgage, to secure the
payment of two thousand dollars in the manner therein men-
tioned.
This deed was on the same day acknowledged by the grantors
before two justices of the peace for the city of Baltimore, their
qualification duly certified by the Clerk of Baltimore County
Court, under the seal of his office, on the following day, and
was enrolled by the Clerk of Harford County Court among
the land records of the last-named county, on the 18th of May
of the same year. All these facts appear upon the face of the
deed; and it is moreover in proof, that the grantors therein
were, prior to and at the date of its execution and acknowledg-
ment, and ever since have been and are now citizens of, and
residing in, Harford county.
It further appears, that on the 8th of December, 1841,
Reardon and wife executed to Otho Scott, the complainant in
the last of the above-named cases, a mortgage of the. same
lands to secure the payment of five thousand dollars, as ex-
pressed in the deed, which mortgage was acknowledged before
an associate judge of the sixth judicial district, on the day of
its execution, and duly enrolled among the land records of
Harford county on the 15th of the same month and year.
Bills have been filed upon these mortgages by the respective
mortgagees, that by Johns against James Eeardon alone omit-
ting to make a party of his wife; that by Scott against Bear-
don and wife, and Johns, the prior mortgagee; and the mate-
rial question raised and discussed in the written arguments of
the solicitors of the parties is, which of the two mortgages is
entitled, to priority of payment, supposing the proceeds of the
sale of the premises should be inadequate to pay both.
There can, of course, be no doubt that the mortgage to
Johns is radically defective, not having been acknowledged
before two justices of the peace of the county in which the

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 59   View pdf image (33K)
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