Harford Bank v. Havre De Grace Banking & Trust Co.

Amass, J., delivered the opinion of the Court. This is a controversy between judgment creditors of Maude E. Mitchell, the widow of Ealph M. Mitchell, deceased. Ealph M. Mitchell, late of Harford County, deceased, died intestate, leaving surviving him his widow, Maude E. Mitchell, who was entitled to dower. A creditor’s bill was filed, and in it the widow was made a party defendant.

On March 3rd, 1931, she consented to a sale of all the land, except one farm, free of her dower, reserving the right to an allowance out of the proceeds in lieu of dower, and trustees to make sale were appointed by decree of March 4th, 1931. On ALarch 3rd, 1931, a judgment was entered in the Circuit-Court for Harford County against the widow in favor of the Havre de Grace Banking & Trust Company for the sum of $9,676.40. On March 26th, 1931, the Havre de Grace Banking & Trust Company filed a petition for an order directing the trustees to pay said company out of the proceeds of sale the amount awarded to the widow up to the amount of its judgment. On July 7th, 1931, the court passed an order directing the auditor, in stating his account, ⁴⁵⁶ to distribute any and all funds distributable to Maude R. Mitchell, under her election, to the petitioner, to apply on its judgment against her, subject to any objections that may be made to the ratification of the auditor’s report.

On February 23rd the auditor’s report was filed, distributing to said petitioner for dower right of the widow one-ninth, $833.33. On April 10th, 1933, .the Harford Bank of Bel Air, Maryland, filed a petition, reciting its recovery of a judgment in the Circuit Court for Harford County against said widow on March 24th, 1931, for the sum of $4,200, and the issuance of an attachment thereon by way of execution, and the laying thereof in the hands of the trustees, attaching the rights and credits of the widow in the hands of said trustees; the filing of the auditor’s report aforesaid distributing the said sum of $833.33 to the Havre de Grace Banking & Trust Company in pursuance of the order of court of July 7th, 1931; denying that said company is entitled to said allowance; alleging that, by virtue of petitioner’s attachment, it has a prior claim to said sum of $833.33, and is entitled to have that question tried at law in said attachment case; and objecting to the ratification of the audit as to said allowance; and praying that the court pass an order staying all further proceedings in any manner affecting the said sum distributed as the amount of the dower right of the widow in the proceeds of sale, until final judgment is entered at law in the attachment case. The court refused to sign an order nisi on said petition, and on April 11th, 1933, passed an order for a rehearing on the matter of the allowance to the Havre de Grace Banking & Trust Company, and directing that the Harford Bank be allowed to intervene and become a party to the equity proceeding, and that at said hearing the petition of said bank of April 10th, 1933, be fully considered and acted upon. On April 22nd, 1933, the Harford Bank filed exceptions to the refusal of the court to pass an order nisi on its petition, and to the court’s order of April 11th, 1933, requiring it to intervene.

On May 1st, 1933, the audit was finally