Franz v. Teutonia Building Ass'n, No. 2.

Goldsborough, J., delivered the opinion of this Court. The appeal in this case is taken by the appellant from a decree of the Circuit Court of Baltimore City, passed on the 20th day of September, 1862, pursuant to the Act of 1833, ch. 181, and its supplements. The objections urged by the appellant to this decree are 1st, that the decree was passed after default. 2nd. That it does not appear by any averment in the appellee’s petition or by proof, that the appellee was incorporated pursuant to the provisions of the Act of 1852, ch. 148. 3d.

That the mortgage on which the decree was passed would be void under the Act of 1825, ch. 50, on account of the uncertainty of the time for which it may exist, and the amount that may be paid under it, unless saved by the 1th section of the Act of 1852, ch. 148, and that section only authorizes such mortgages to be made by members of the association. The 1st objection is removed by the decision ²⁷⁰ of this Court pronounced at the present term in the case of Samuel Black vs. David Carroll, p. 251. As to the second objection, we think the appellant is precluded from making it by his own act. By his mortgage he recognizes the right of the appellee to sue in accordance with the Act of 1852.

In 6 N. H. Rep., 165, the Court say “the giving of the note is an admission by the defendant of the existence of the corporation, and he cannot now be permitted to deny that there is a duly organized