Hughes v. Riggs

Citations

• 84 Md. 502
• 36 A. 269
• 1897 Md. LEXIS 7

Syllabus

<p>Mortgage Sales—Selling Two or More Lots Together—Exceptions— Inadeqiiacy of Price—Subsequent Incumbrances—Pariies.</p> <p>A mortgage covered two adjoining leasehold lots fronting on a cer tain street and a small lot in fee-simple in the rear. The leasehold lots were each improved by houses, which had been rented together, connecting doors having been cut between them. The back building of one of the houses covered a part of the fee-simple lot in the rear. Held, upon exceptions to the ratification of a foreclosure sale, that the trustee had exercised a sound discretion in selling the property together and not in separate parcels.</p> <p>A mortgage sale will not be set aside upon the ground of inadequacy of price unless it be so gross and inordinate as to indicate misconduct or want of judgment on the part of the trustee.</p> <p>When mortgaged premises are sold under the ex parte proceedings authorized by Code P. L. L., Art. 4, secs. 694-704, the fact that a subsequent incumbrancer is not a party is no objection to the decree, but after the claim of the mortgagee is paid any surplus of the proceeds of sale may be applied to the discharge of subsequent incumbrances.</p>