OPPENHEIMER, J., delivered the opinion of the Court. McWILLIAMS, J. dissents.
The appellees sued the appellants in assumpsit in the Circuit Court for St. Mary's County to recover a sum of money alleged to be due under a mortgage by way of an additional sum, or penalty, because of the sale of the mortgaged property. Judge Dorsey, sitting without a jury, found that the property had in fact been sold by the appellants when they made a prepayment on the mortgage, although...
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