BLAUSTEIN v. AIELLO

[No. 248, September Term, 1962.]

231 Md. 375 (1963)

190 A.2d 639

BLAUSTEIN v. AIELLO

Court of Appeals of Maryland.

Decided May 6, 1963.


Attorney(s) appearing for the Case

Robert H. Symonds, with whom was Albert A. Rapoport on the brief, for appellant.

Howard J. Thomas, with whom were Bradshaw & Thomas, J. Douglas Bradshaw and Francis E. Yeatman on the brief, for appellee.

The cause was argued before BRUNE, C.J., and HENDERSON, PRESCOTT, HORNEY and SYBERT, JJ.


PRESCOTT, J., delivered the opinion of the Court.

The issue herein involved is a narrow one and not difficult of solution. The chancellor overruled appellant's exception to an auditor's report, and he has appealed.

The sole question to be determined is whether appellant, who claims as an assignee of the balance due on a note secured by a second deed of trust, is entitled to a priority over the holder of a note secured by first deed of trust in the distribution...

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