Keifer Heirs v. Reichert

• Decision Date: 07 March 1901
• Citation: 48 A. 460,93 Md. 97
• Parties: KEIFER HEIRS v. REICHERT et al.
• Court: Maryland Court of Appeals

48 A. 460

93 Md. 97

KEIFER HEIRS

v. REICHERT et al.

Court of Appeals of Maryland.

March 7, 1901.

Appeal from circuit court, Allegany county, in equity.

Suit by Keifer heirs against Therese Reichert and others. From an order denying a motion to enter a petition and an order allowing a rehearing on exceptions to the ratification of a mortgage sale, defendants appeal. Appeal dismissed.

Argued before McSHERRY, C. J., and FOWLER, PAGE, PEARCE, SCHMUCKER, and JONES, JJ.

J. W. S. Cochrane, for appellants.

D. Warren Reynolds and Wm. E. Walsh, for appellees.

JONES, J. A motion is submitted to dismiss the appeal in this case, and it must prevail. It appears from the record that upon exceptions filed to the ratification of a sale made under a mortgage, and reported to the circuit court for Allegany county, that court, by its order of the 23d of July, 1900, sustained the exceptions, and set aside the sale so reported. On the 6th of August following, a petition for a rehearing upon these exceptions was sent to a judge of the circuit at Hagerstown for an order thereon without first having been actually filed in the clerk's office of Allegany county. The judge passed an order thereon that a rehearing be granted, and ordered the rehearing to take place on the 15th of August, 1900, and mailed the petition, with the order thereon, to the counsel at Cumberland, by whom it had been sent to him; and sent with it a request that it be shown to the counsel who had represented the exceptants to the sale. The petition, with the order, was, upon its receipt by the counsel to whom it was mailed, according to the request accompanying it, sent to the office of the counsel for the exceptants. There it appears to have remained without being filed in court until the expiration of GO days from the date of the order, when it was mailed by the last-named counsel to the judge at Hagerstown, to whom the petition in question had been originally sent, and who had made the order thereon. A petition was then filed by the counsel who was asking the rehearing to have the petition for the same and the order thereon granting it filed in the clerk's office or Allegany county nunc pro tunc, and as of the time when the said order for hearing was passed. This petition was set for a hearing, and thereafter the judge passed the following order: "It is therefore ordered that the petition and order of court for a rehearing, passed on the 6th day of August, 1900, be filed by the clerk as of the...