Summary
In Selen Housing Corp. v. Goldberg, 225 Md. 309 where there was an appeal from an order ratifying a trustee's foreclosure sale, the property had passed into the hands of a bona fide purchaser.
Summary of this case from State v. SiegelOpinion
[No. 271, September Term, 1960.]
Decided May 8, 1961.
APPEAL — From Order Ratifying Foreclosure Sale — No Appeal Bond Filed And Property Had Passed To Bona Fide Purchaser — Controversy Moot, And Appeal Dismissed. In this appeal from an order ratifying a trustees' foreclosure sale, the appellants filed no appeal bond, as required by Maryland Rule 817, and the Court dismissed the appeal on motion of the trustees, since the property had passed into the hands of a bona fide purchaser and the controversy had become moot. No question was raised either in the objections filed below or in this Court as to the unfairness of the sale or as to collusion with the purchaser. p. 310
J.E.B. Decided May 8, 1961.
Appeal from the Circuit Court for Howard County (MACGILL, J.).
Proceeding to foreclose a deed of trust by Bernard F. Goldberg, and others, Trustees named therein, wherein the Selen Housing Corporation, and others, filed objections to the ratification of the sale. From an order ratifying the sale, the objecting parties appeal.
Appeal dismissed, costs to be paid by the appellants.
The cause was argued before HENDERSON, HAMMOND, HORNEY, MARBURY and SYBERT, JJ.
David I. Abse for the appellants.
Charles A. Reese for the appellees.
This appeal was taken from an order ratifying a trustees' foreclosure sale, but the appellants filed no appeal bond, as required by Maryland Rule 817, and the trustees have moved to dismiss the appeal. It was shown that the purchasers made demand for settlement, and the trustees, after notice to the appellants, conveyed the property to a duly substituted purchaser. No question was raised in the objections to the ratification of the sale or in this Court as to the unfairness of the sale or collusion with the purchaser.
The motion to dismiss must be granted. See Preske v. Carroll, 178 Md. 543; Sawyer v. Novak, 206 Md. 80; Lowe v. Lowe, 219 Md. 365; Basiliko v. Welsh, 219 Md. 602. Cf. Maddox v. District Supply, Inc., 222 Md. 31, 36. The property has passed into the hands of a bona fide purchaser. The controversy has become moot. Whether the appellants may be entitled to relief in any other or different cause of action is not before us, and we express no opinion thereon.
Appeal dismissed, costs to be paid by the appellants.