Dickerson v. Small

Robinson, J., delivered the opinion of the Court. The exceptions to the ratification of this sale were properly overruled. The property sold, was a house and lot in Hagerstown. It was advertised as “townproperty,” in a Hagerstown paper — the number of the lot as designated on the town plot — the name of the street, and its location on the street, — “the south side of West North Street,”— both the frontage and depth in feet, the name by which it was known, “theproperty of Mrs. Dickerson,” the improvements “owe and ahalf story log house,” the names of the mortgagor and mortgagee, together with reference to the land record book, are all set out in the advertisement.

And the only objection against the notice, is the omission to state that the house and lot was situated in Hagerstown. But if not stated in so many words, it was advertised in a, Hagerstown paper as town property, which in connection with the further description to which we have referred, left no room for doubt as to the location and identity of the property. And it is not even suggested there was any doubt in regard to it, nor was there an intimation the property sold below its fair market value. In the cases relied on by the appellants, tbe notices of sale were defective in many particulars, not one of which however will be found in the notice now before us.

In Alexander vs. Walter, et al., 8 Gill, 239 , a city lot was sold by a collector, and it was described merely as a. lot belonging to Philip Walter and assessed with damages amounting to $672, situated on the east side of South street, without designating by reference to the plot or otherwise, the dimensions of the lot, or the particular part of the street on which it was located. In Kaufman vs. Walker, 9 Md., 229 , the property was a house and lot described as situated on the south side of Lombard street in the City of Baltimore, at the distance of ³⁹⁸ 391 feet or thereabouts, from the southwest corner or intersection of Lombard and Canal streets, fronting on Lombard street 24 feet, and extending back about 100 feet to the midway between Lombard and Granby streets. In that case, a former owner of the property testified he would not have known the property from the description thus given, besides the proof showed that very few