SMITH v. DIGGES

[No. 347, September Term, 1970.]

261 Md. 130 (1971)

274 A.2d 92

SMITH ET UX. v. DIGGES, ASSIGNEE

Court of Appeals of Maryland.

Decided March 2, 1971.


Attorney(s) appearing for the Case

M. Wayne Munday, with whom were Thomas F. Mudd and Mudd & Mudd on the brief, for appellants.

Richard J. Clark for appellee.

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


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

Raymond Smith is a resident of Indian Head, Charles County. He calls himself a "Builder & Speculator." In September 1963 he and his wife Gladys acquired 8.8 acres of land in the Second Election District of Charles County. In May 1965 they acquired an adjoining tract containing 72.7 acres. In May 1967 both tracts were mortgaged to Zadmer Enterprises, Inc. (Zadmer), to secure a $42,000 note payable one year later...

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