Opinion
[No. 25, January Term, 1935]
Decided March 7th, 1935.
First and Second Mortgagees — Application of Rents
On a petition by a first mortgagee against the mortgagors and a second mortgagee, asking that they be compelled to account for and pay over to the first mortgagee money received by the mortgagors from the lessee of the property, who had abandoned the lease, in settlement of their claims for rent, accrued and to accrue, which money was paid over by the mortgagors to the second mortgagee, held that the evidence did not show that the first mortgagee's loan had been induced by an agreement that the rent should be applied for the first mortgagee's benefit, or that there was an illegal conspiracy between the mortgagors and the second mortgagee to violate the first mortgagee's rights, and the latter was not entitled to relief.
Decided March 7th, 1935.
Appeal from the Circuit Court No. 2 of Baltimore City (O'DUNNE, J.).
Bill by William Molly and Rebecca Molly, his wife, against the Manhattan Building Loan Corporation, in which proceeding the Benevolent Society of the City and County of Baltimore filed an intervening petition. From a decree dismissing its petition, the Benevolent Society appeals. Affirmed.
The cause was argued before BOND, C.J., URNER, OFFUTT, PARKE, and SLOAN, JJ.
Leigh Bonsal, with whom was Thomas F. Cadwalader on the brief, for the appellant.
Edward J. Colgan and Gersh I. Moss, for the Manhattan Building Loan Corporation, appellee.
Unreported cases.