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CLARK-KING CONSTR. v. SALTER AND TAYLOR, TRUSTEES

[No. 69 (Adv.), September Term, 1973.]

269 Md. 494 (1973)

307 A.2d 485

CLARK-KING CONSTRUCTION COMPANY, INC. AND ANDRESEN v. SALTER AND TAYLOR, TRUSTEES

Court of Appeals of Maryland.

Decided July 20, 1973.

Attorney(s) appearing for the Case

Peter C. Andresen, with whom was David B. Lamb on the brief, for appellees.

Stephen R. Creyke, with whom was Leonard J. Williams on the brief, for appellees.

The cause was argued before MURPHY, C.J., and BARNES, McWILLIAMS, SINGLEY, SMITH, DIGGES and LEVINE, JJ.

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

In this appeal from a final order issued by the Circuit Court for Montgomery County (Miller, J.) on March 9, 1973, ratifying a foreclosure sale, the principal and decisive question involves the allocation of payments towards the debtor's obligations. One appellant, Clark-King Construction Company, Inc. (Clark-King), was the maker of a trust note secured by the deed of trust which was foreclosed. The other appellant,...

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