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AMERICAN NAT. BANK v. MACKEY

[No. 493, September Term, 1966.]

247 Md. 319 (1967)

231 A.2d 15

AMERICAN NATIONAL BANK OF MARYLAND v. MACKEY, ASSIGNEE

Court of Appeals of Maryland.

Decided June 30, 1967.

Attorney(s) appearing for the Case

Vincent R. Landau, with whom were John H. Somerville and Hinkley & Singley on the brief, for appellant.

H. Kenneth Mackey for appellee.

The cause was argued before HAMMOND, C.J., and HORNEY, MARBURY, OPPENHEIMER, BARNES, McWILLIAMS and FINAN, JJ.

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

The Peoples Bank of Elkton, mortgagee, through its assignee for collection, H. Kenneth Mackey, appellee, brought suit in the Circuit Court for Queen Anne's County to foreclose first and second mortgages in default under powers of sale contained in the mortgages. The appellant, American National Bank of Maryland, filed a claim in the proceedings for $7,194.36, under a third mortgage, against the proceeds of sale. The...

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