Bouldin v. Reynolds

Alvey, J., delivered the opinion of the Court. Whether the power contained in the lease of the 28th of September, 1869, was executed by the mortgage of the 21st of April, 1871, is a question that we do not propose to decide in this case. The assignee of the mortgage dis ¹⁷⁴ claims all purpose of attempting to sell any interest other than that properly embraced hy the terms of the mortgage ; and it does not appear that the appellant, or any one represented hy him, will he illegally prejudiced hy the sale thus proposed to he made. But we affirm the order appealed from upon the distinct ground that there was a prior proceeding depending in another Court of competent jurisdiction, where the question attempted to he raised hy this proceeding could have been raised and decided, if necessary to the protection of the interest of any of the parties concerned.

It appears, both from the petition of the appellant and the answer thereto, that, before the institution of this proceeding hy the appellant, a suit had been instituted hy the wife of the appellant, for whom the appellant is trustee, in the Circuit Court of Baltimore City, against Butler and wife, Reynolds, and the appellant, for the purpose of having the lease, and the subsequent deed and mortgage, set aside