Patapsco Guano Co. v. Elder

Robinson, J., delivered the opinion of the Court. The mortgaged premises in this case, were sold by the appellee, Elder, as assignee of the mortgagee, and the sale reported to the Court. To the ratification of the sale, exceptions were filed by the appellant, on the ground that the exceptant had obtained a judgment against one of the mortgagors, and had filed a bill in the Circuit Court of Baltimore County, to set aside the mortgage under which the property was sold, as fraudulent; that the appellee, Elder, and other parties in interest, had been summoned in said suit, and that pending the same, the mortgaged premises were sold. The appellant is not a party to the mortgage, and it is admitted, that its rights as a creditor of the mortgagors are in no manner affected by the sale.

Should the mortgage he declared fraudulent, in the suit, pending in the Circuit Court, the sale made hy the appellee, could not affect in the least the appellant’s rights under the decree. In support, however, of the exceptions filed in this case, the exceptant relies on sec. 8, Art. 64, of the Code, which provides that all sales made under a power in a mortgage shall be reported to the Court, and there shall be the same proceedings in such sales, as if the same were made hy a trustee, and the