Annan v. Hays

Citations

• 85 Md. 505
• 37 A. 20
• 1897 Md. LEXIS 48

Syllabus

<p>Marshalling of Assets — -Rights of Subsequent Creditor With Lien on One Fund Against Prior Incumbrancer With Lien on Two Funds — Notice of Subsequent Claim.</p> <p>Where a mortgagee has liens for his claim, both on land and chattels, and a subsequent judgment creditor has a lien only on the land of the debtor, if the judgment creditor wishes to have the assets marshalled in his favor, he must give actual notice of his claim to the mortgagee, the mere record of the judgment in such case not being constructive notice. And if, without uotice of the judgment, the mortgagee releases the chattels from his lien, he cannot be deprived of his right to enforce his whole claim against the land.</p>