WILSON BROTHERS v. COOEY

[No. 376, September Term, 1967.]

251 Md. 350 (1968)

247 A.2d 395

WILSON BROTHERS ET AL v. COOEY, ASSIGNEE

Court of Appeals of Maryland.

Decided November 12, 1968.


Attorney(s) appearing for the Case

K.J. Mackley, with whom were Ottinger, Mackley & Gilbert on the brief, for appellants.

Jacob V. Berkson and Edward W. Cooey, with whom were Fred C. Wright, III and Cooey, Berkson & Wright on the brief, for appellee.

The cause was argued before HAMMOND, C.J., and MARBURY, BARNES, FINAN, SINGLEY and SMITH, JJ.


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

On 18 January 1965, Holiday Barn, Inc. (the Barn) took title to an unimproved lot fronting 180 feet on the Hagerstown-Smithsburg Pike with a depth of 150 feet, theretofore owned by Holiday Acres, Inc. Immediately thereafter the Barn mortgaged the lot to Colonial Estates, Inc. (Colonial), to secure a loan of $110,000. On the same day, Colonial assigned the mortgage to Farmers and Mechanics National Bank of Frederick...

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