Bentley v. Beacham

Fowler, J., delivered the opinion of the Court. Ann O. Bentley and her husband, Charles W. Bentley, executed a mortgage on the 22nd of November, 1882, and default having been made, the trustee therein named duly advertised the mortgaged property, and sold it to Frederick B. Beacham and Thomas S. Baer, trustees. This sale was duly reported to the Circuit Court for Baltimore County, and exceptions thereto were filed by Charles W. Bentley, Jr., for himself individually, and as trustee on behalf of the heirs of Ann O. Bentley, deceased. Subsequently Charles W. Bentley, the surviving mortgagor, and his children were made parties and united in the exceptions filed by Charles W. Bentley, Jr. The mortgagee and the purchaser asked to have these exceptions stricken from the record on the ground that none of the exceptants have any interest in or title to the mortgaged property.

The Court below so ordered, and finally ratified the salé. From this order the exceptants have appealed. The question we have to consider, therefore, is whether the exceptants have any standing in Court, and we are not called on, as the case is now presented, to pass upon the exceptions. If the exceptants have any interest in or title to the land sold under the mortgage they may, of course, come in and object to the ratification of the sale, but such objections must be based upon the invalidity of the mortgage or that the sale would unjustly deprive them of their property, Albert v. Hamilton, 76 Md. 307 ; or upon the mode and manner of the sale.

Patapsco Guano Co. v. Elder, et al., 53 Md. 465 . But by the provisions of sec. p, Art. 66, of the Code, power is given to the Court to hear and determine any objections which may be filed against a mortgage sale “by any person interested in the property.” And the only question is, therefore, whether these exceptants, or any of ⁶⁷⁹ them, have such an interest in the mortgaged property as entitles them, under the provision of the Code just mentioned, to file objections to the mortgage sale. The following state of title appears from an examination of the land records of Baltimore County. By a deed 30th November, 1887, and recorded May 1st, 1889, the mortgagors conveyed the mortgaged property to Charles W. Bentley, Jr., one of the appellants, in consideration of the sum of one dollar, in trust, first to pay himself for all advances of money made by him in discharge of the mortgage debt and for other purposes, and then in trust for the grantors and the survivor of them for life, and after the death of both upon certain other trusts.

The deed reserved to the grantors the right to use and occupy the land and to take the rents and profits, and gave to the grantors power “ to sell or otherwise dispose of the land at any time,” and further provided that the trustee was to be