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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 405   View pdf image (33K)
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CRONISE VS. CLARK. 405
Several of the installments having fallen due and remaining
unpaid, and the mortgage containing the assent and agreement
of the mortgagors provided for in the act of 1833, ch. 181, a
petition was filed in this court in July, 1848, by the mortga-
gees, praying that a decree might be passed for the sale of the
mortgaged premises, in conformity with the provisions of that
act, for the payment of the installments of the debts then due,
with the interest thereon, and a decree passed accordingly on
the 8th day of that month, appointing a trustee, with authority
to sell in case the installments due, with the interest and costs,
should not be paid by a day limited for that purpose. The
day having passed, and the money not being paid, the trustee
advertised the property for sale, when the present bill was ex-
hibited by Mrs. Cronise alone, asking for and obtaining an in-
junction to restrain him upon the several grounds therein
Stated,
The first is, that at the time of executing the deed of mort-
gage, the complainant was under the age of twenty-one years,
as was known to her husband and mother, the other mortga-
gors, and as she believes, to dark & Mankin the mortgagees;
and that she has never, at any time or in any manner, ratified
or confirmed or acknowledged the validity thereof.
Clark & Mankin, the only defendants who have answered
the bill, deny that at the date of the mortgage they had any
knowledge, nor have they now, that the complainant was at
that time under age, and put her to the proof of her alleged
infancy. And they say, that long since the date of the mort-
gage, and when, the defendants believe and charge, the com-
plainant was of full age, if, indeed, under age at the making of
the mortgage, she ratified, sanctioned and confirmed the same.
It must, of course, be perfectly clear, that if Mrs. Oronise
was under the age of twenty-one years when she executed this
mortgage, it could not be binding upon her, and that unless
she has, since she attained the legal capacity to contract, rati-
fied her act in such a way as to give it legal efficacy against
her, if it is capable of such ratification, she may now insist
upon her incapacity; the petition of the mortgagees, upon
VOL. IV.—34

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 405   View pdf image (33K)
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