Stewart v. Codd
| Decision Date | 03 March 1882 |
| Citation | 58 Md. 86 |
| Parties | JOHN STEWART, surviving trustee v. EDWARD J. CODD, trading as E. J. CODD & Co. |
| Court | Maryland Court of Appeals |
APPEAL from the Circuit Court of Baltimore City.
The case is stated in the opinion of the Court.
The cause was argued before BARTOL, C.J., MILLER, ALVEY, ROBINSON and IRVING, J.
E J. D. Cross, for the appellant.
William A. Stewart, for the appellee.
The appellant is a trustee appointed by a decree in chancery, to sell certain mortgaged property of "The Maryland Sugar Refinery Company." The sale was made, reported and ratified, and the fund arising from the sale brought into Court for distribution among the creditors and persons entitled.
Among the property sold were certain articles alleged to constitute fixed machinery in the Refinery, upon which the appellee, a machinist and builder, claimed a preferred lien, under the mechanics' lien law. The Circuit Court decided in favor of the claim, and passed an order directing that the same should be paid out of the funds in the hands of the trustee.
From this order the present appeal has been taken, and a motion has been made to dismiss the appeal, because the trustee has no interest in the subject-matter of the controversy, and has been in no manner aggrieved by the order of the Circuit Court, and therefore has no right to appeal.
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