STATER v. DULANY, ASSIGNEE

[No. 415, September Term, 1963.]

236 Md. 399 (1964)

204 A.2d 71

STATER ET UX. v. DULANY, ASSIGNEE

Court of Appeals of Maryland.

Decided October 23, 1964.


Attorney(s) appearing for the Case

E.O. Weant, Jr., with whom were G. Edwin Robertson and Brown & Weant on the brief, for the appellants.

William B. Dulany, with whom was James W. Davis on the brief, for the appellee.

The cause was argued before HENDERSON, C.J., and HAMMOND, PRESCOTT, HORNEY, MARBURY and SYBERT, JJ.


SYBERT, J., delivered the opinion of the Court.

This is an appeal from an order of the Circuit Court for Carroll County which dismissed a petition by mortgagors to enjoin a foreclosure sale of their real property. The principal question presented is the validity of the mortgage given to the appellee's assignor, the Ridge Pike Bond and Mortgage Corporation, by the appellants, Edwin S. Stater and H. Jacquelyn Stater, his wife.

In 1962 the Staters owned an unimproved...

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