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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 65   View pdf image (33K)
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ROBERTSON VS. PARKS. 05
registry cannot affect subsequent purchasers and mortgagees
with notice.
I do not think it possible to maintain, successfully, that a
copy from the record of the mortgage to Johns would be ad-
missible evidence, and, therefore, I am of opinion that the
registry of it is not to be held as affecting Scott with construc-
tive notice; and as there is no pretence or intimation anywhere
that he had actual notice, his mortgage having been duly exe-
cuted, acknowledged, and recorded, is entitled to priority of
payment, should the proceeds of the sale of the premises prove
insufficient to satisfy both mortgages.
The Chancellor will sign a decree for the foreclosure and
sale of the mortgaged premises, first, to pay the mortgage
debt of Mr. Scott, and reserving to the complainant, Mr.
Johns, the right to come in upon the surplus proceeds of sale,
when the difficulty in regard to the omission to make the wife
of the mortgagor a party to his bill is removed by amendment
or agreement, and reserving also the question of his right under
his mortgage to be paid out of that portion of the mortgaged
premises which belonged to the wife of the mortgagor, the
Court not meaning now to decide that the mortgage, though
defectively acknowledged, can, in equity, be supported as a
contract against her.
JAMBS L. BARTOL and CHARLES H. PITTS, for Johns.
ALBERT CONSTABLE, for Scott.
[An appeal was taken in this case, which is still pending.]
WILLIAM BOBEBTSON, Exr. of
THOMAS BOBEBTSON, Deceased,
vs.
ISAAC PARKS, AND OTHERS.
DECEMBER TERM, 1860.
[CHANCERY PRACTICE—CREDITOR'S BILL—EVIDENCE—SET-OFF.]
THE fact that a defendant dies, after answering, leaving minor heirs, who
are then made parties to the suit, does not and cannot vary the effect of

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 65   View pdf image (33K)
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