Sunderland v. McAbee

⁸² Offutt, J., delivered the opinion of the Court. The appeal in this case was taken from an order of the Circuit Court for Anne Arundel County overruling exceptions to> the sale of “one B&E (Barnes'& Erbe) 5-roll fiat ironer or mangle” under a power contained in a chattel mortgage from George 0. Sunderland to Thomas A. Mc-Abee. The provision of the mortgage granting the power is as follows: “And it is further agreed that in default of payment of either principal or interest aforesaid, said mortgagee or his assigns, or Watson E. Sherwood, their attorney, may sell the above-mentioned mortgaged property, under any general or local law of the State of Marylánd, or in lieu or as an 'alternative thereto, in the following manner, that is to say: after giving at least ten days’ notice of the time, place, and terms of sale in some newspaper published in the City of Annapolis aforesaid, he or they may offer said property for sale at public auction on the premises or elsewhere to the highest bidder.” After having given bond as required by the statute, and after having given notice of the time, place, manner and terms of sale, by an advertisement inserted in a newspaper published in Anne Arundel County for more than fifteen days preceding the sale, Watson E. Sherwood, the attorney named in the mortgage, sold the property therein described to the mortgagee for $175 in cash, he being then and there the highest bidder therefor.

The terms of sale, as stated in the advertisement, were “cash on day of sale.” The sale was in ordinary course reported to< the court, but before it was finally ratified the mortgagor filed the following exception to its ratification: “G. C. Sunderland excepts to ratification of the sale made and