Maryland case law › Stevens v. Bond

Stevens v. Bond

44 Md. 506 (1876) · Maryland Court of Appeals
Maryland Court of AppealsDisposition: AffirmedStewart, J.✓ Good law
HoldingThis was an appeal from an order of the Circuit Court for Baltimore County (the opinion says 'Circuit Court of the 25th of January, 1815' — evidently a typographical error for 1875) overruling exceptions to a sale of mortgaged property made by the assignee of a mortgage.

Stewart, J., delivered the opinion of the Court. That sufficient public notice of the sale of the property in question, was not given, is the chief objection made to the sale by the appellants. It is not necessary in an advertisement of property for public sale, to give a minute description of its exact location, or to give its metes and bounds — any description in the advertisement, which informs the public of the property to be sold is sufficient. Reeside & Wife vs. Peter, 33 Md., 120 .

This was a sale by the assignee of a mortgage, and the property is described in the mortgage as lying in Baltimore County, near the Baltimore and Susquehanna Railroad.' The advertisement describes the entire property to be sold, as valuable property at Lutherville, Baltimore County, ten miles from Baltimore City, on the N. C. R. R.; and as to the parcels in controversy as being in Baltimore County, and on the Baltimore and Susquehanna Railroad, about 400 yards from the depot at Lutherville, containing 511 70 acres more or less, and refers to a deed, more particularly describing the property, from Ruth C. Lynch to Benjamin Richardson, of the 16th of October, 1865 ; and to the book of the land records, containing the same. Improvements thereon suitable for such a farm, consisting oí a handsome new two story frame, dwelling, barns, stables and other necessary out-houses, and as having a large spring thereon. It seems that the railroad in the neighborhood, formerly known as the Baltimore and Susquehanna Railroad, is now-more generally known as the Northern Central Railroad. The reference to the Baltimore and Susquehanna Railroad in the advertisement of the property, was urged by the appellants as a fatal error ; but as the property

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