Sandler v. Freeny – Case Brief Summary (Federal Court)

In Sandler v. Freeny, 120 F.2d 881, 883 (4th Cir. 1941), the United States Court of Appeals for the Fourth Circuit reviewed these and other Maryland cases to conclude that, where "there is no fraud and no intentional misstatement of fact," an "incidental inaccuracy in the recital of the consideration, which confers no benefit upon the parties to the transaction and works no detriment to the creditors, will not invalidate the instrument."

There, the affidavit stated that $ 3,900 was advanced as part of the purchase money for the property. Id. at 882.

The Court found substantial compliance with the statute, noting that, although the entire sum was not applied "as part of the purchase money for the property," the "mortgage debt was bona fide," and the "entire sum was actually advanced." Id.