8 A.2d 762
[No. 4, October Term, 1939.]Court of Appeals of Maryland.
Decided October 25th, 1939.
Mortgage — Effect of Alterations — Procurement of Decree — Misrepresentations.
On exceptions by the mortgagors to a foreclosure sale, held
that the evidence justified a finding that the mortgage, which was made out by erasures and alterations on an old form prepared for a mortgage to another mortgagee, was signed by the mortgagors after and not before the erasures and alterations, and was consequently valid.
The fact that, in petitions to courts for authority to convey certain property to a man and wife named, the petitioner failed to mention that his purpose was to convey the property only on obtaining a purchase money mortgage from such grantees, meanwhile withholding the deed, and that his deed recited the full payment of the price by the man and wife, were not concealments precluding, on the theory of a lack of “clean hands,” the enforcement by a court of equity of a mortgage in petitioner’s favor, afterwards signed by the man and wife, it appearing that the courts and the other parties to the deed were satisfied by the petitioner’s representations that he was the owner of the property subject to the rights of the man and wife as purchasers.
Decided October 25th, 1939.
Appeal from the Circuit Court No. 2, of Baltimore City (ADAMS, J.).
Exceptions by William Ellerbe and Ella Ellerbe, his wife, to ratification of a sale under foreclosure of a mortgage
Page 683
executed by said exceptants in favor of Karl C.J. Hanselman, who was the purchaser at the sale. From an order dismissing the exceptions, the exceptants appeal. Affirmed.
The cause was argued before BOND, C.J., OFFUTT, PARKE, SLOAN, MITCHELL, SHEHAN, JOHNSON, and DELAPLAINE, JJ.
Hyman Ginsberg, with whom were Ginsberg Ginsberg on the brief, for the appellants.
M. William Adelson, with whom were Edwin J. Dickerson an Dickerson, Nice Sokol on the brief, for the appellee.
BOND, C.J., delivered the opinion of the Court.
Unreported cases.