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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 404   View pdf image (33K)
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404 HIGH COURT OF CHANCERY.
The summary proceedings prescribed by the act of 1833, ch. 181, are not ap-
plicable to mortgages of moneyed securities and bank stock.
The statement verified by affidavit directed by the 3d section of the act of
1833, ch. 181, to be filed, may be filed at any time before the sale.
[The bill in this case was filed for an injunction restraining
execution of a decree of this court for the sale of certain mort-
gaged property, passed under the provision of the act of 1833,
ch. 181, the mortgage having been executed with reference to
that act. Part of the property so mortgaged was devised by
the will of William Abbott, in trust, to permit Elizabeth E.
Abbott to take the rents and profits thereof during her widow-
hood, and after her death or marriage, in trust for the com-
plainant, Mrs. Cronise, and, on certain contingencies, over to
other persons. The residue of said property was devised by
John E. Stansbury, the father of the said Elizabeth B. Abbott,
in trust, to permit said Elizabeth to take the rents and profits
during her life, and after her death, in trust for her children,
of whom the complainant was one. The other facts of the
case are sufficiently stated in the opinion of the Chancellor?
delivered upon the hearing of the motion to dissolve the in-
junction upon bill and answer.]
THE CHANCELLOR:
This case is brought before the court upon a motion to dis-
solve the injunction, and has been argued by the counsel of
the respective parties.
It appears that on the 29th of September, 1847, a mortgage
was executed by Elizabeth B. Abbott and William H. V. Cro-
nise and Mary 0. GL, his wife, to the defendants, Clark &
Mankin, to secure to the latter the sum of nine thousand dol-
lars, due them from the firm of William H. V. Cronise &
Co., of which firm the mortgagor, William, was a member.
The mortgaged premises consist of real estate and ground
rents in the city of Baltimore, bank stock and moneys, secured
on mortgage, and the condition of the mortgage was that the
same should be void, provided the debt thereby intended to be
secured should be paid in twelve equal installments, at stipu-
lated periods.

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 404   View pdf image (33K)
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