Cissel v. Henderson

Citations

• 88 Md. 574
• 41 A. 1068
• 1898 Md. LEXIS 224

Syllabus

<p>Enforcement of Equitable Mortgage — Land Omitted from Mortgage by Mistake — Rights of Subsequent Creditors —Priority of Lien.</p> <p>A defective mortgage or an agreement to execute a mortgage is not enforceable against subsequent bona tide creditors of the mortgagor.</p> <p>After the execution and recording of a mortgage conveying certain lands, judgments were obtained against the mortgagor upon which writs of fieri facias were issued and levied upon other land. The mortgagee filed a bill alleging that it was the intention of the parties to include this land in the mortgage, that it was omitted therefrom by mistake, and asking that the mortgage be reformed so as to include this land and that the judgment creditors be restrained from selling the same under their execution. Held, that the relief asked for should be refused and that the judgments are valid liens on the land not included in the mortgage.</p>