Hummer v. Schott

Bowie, C. J., delivered, the opinion of this Court: The appellee filed an original and supplemental hill against the appellants, in the Superior Court of Baltimore City, to enforce a vendor’s lien, on a certain house and lot sold by the appellee to the appellant Hummer, and mortgaged by the latter to the Germania Building Association. The hills allege the sale of the property on the 6th of October 1859, to the appellant Hammer, for the sum of $1200, $400 of which was paid in hand, the execution of a note by the purchaser, for the residue of the purchase money, with the endorsement of William H. Mayer thereon, the mortgage of the property by Hummer to the Germania Association, and the non-payment of the note: and prays a decree for the sale of the property to pay the purchase money. The answer of the Germania Building Association admits the mortgage, excepts to the sufficiency of the allegations in the bills, and professing ignorance of the other facts, demands proof. The answer of the appellant Hummer, after admitting the sale and execution of the note, ³¹⁰ says, that Schott was to receive “the cash payment, and the balance as soon as he was able to raise it, by mortgaging the property to a building association; that accordingly Schott gave to him a clear deed of said property, so that he could raise the balance of the purchase money by mortgaging the same and abandon all claim upon said property for said balance, and agreed to take in lieu thereof the note of the appellant Hummer, secured by his father-in-law, William H. Mayer, which was accordingly given him.

A special replication was filed to these answers and testimony taken. The learned judge w'ho decided this case below, says:- “The complainant is to be considered as having