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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 15   View pdf image (33K)
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DUCKER VS. BELT. 15
To the payment of a Judgment in favor of Herman H. Perry,
against the mortgagor, rendered at January term, 1840, of
Baltimore County Court. Thirdly, To the payment of a simi
lar Judgment in favor of the State of Maryland, use of Samuel
Wilson, rendered at September term 1845, leaving a residue of
$319 95, which was assigned to the defendant, Belt.
Exceptions were filed to this report, on the 23d of June, 1848,
on behalf of G. L. Dulaney and James M. Buchnnan, in which
among other objections against its ratification, the existence of
an intervening mortgage to the trustees of the poor of Baltimore
county is urged. This mortgage, the exception states, is elder
in date than the judgment in favor of Wilson—is of the property
wild under the decree in this cause, and of an amount exceeding
the surplus proceeds of sale. The mortgage, however, was not ex-
hibited or filed in the cause, nor was anything stated, or shown,
by which the interest of the exeeptants was manifested. There
was not then, nor is there now, any thing in the cause to show
that the parties by whom the exceptions were filed had any in-
terest whatever, in the fund to be distributed.
In this state of the case the cause was laid before the Chan-
cellor during the July term, 1849, and on the 26th of the month,
after close of thesittings, an order was passed, ratifying the report
of the Auditor, directing the proceeds to be applied accordingly
and overruling the exceptions. On the 10th of September fol-
lowing, a petition was filed in the cause, 'by John King, presi-
dent of the board of trustees for the poor of Baltimore county,
stating tiro existence of the prior mortgage, to securre the pay-
ment of the debt due from the defendant, Belt, to them, and
other circumstances which it was supposed gave them a title to
have the surplus proceeds of sale appropriated to their pay-
went, and praying that the order of the 26th of July, 1848,
ratifying the report of the Auditor, might be rescinded, that
the petitioner might be allowed to file his claim undar the mort-
gage, and that the trustees for the sale of the property mighty
in the meantime, be prohibited from paying over the money to
Wilson.&c.
The court on the same day passed an order fixing the 9th of

 
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 15   View pdf image (33K)
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