U.S. Supreme Court U.S. MORTG. CO. v. MATTHEWS, 293 U.S. 232 (1934)

[Page 293 U.S. 232, 237]

the property hereby mortgaged in accordance with sections 720 to 732 inclusive of chapter 123 of the laws of Maryland passed at the January session 1898 or any amendments or additions thereto.' Prior to the mortgage, there had been no such amendment or addition, and it cannot, we think, be correctly said that 'the intention of the parties in employing that language embraced only such amendments or additions as had been made prior to the execution of the mortgage.' On the contrary, the words employed seem to us sufficient to embrace the amendments and additions thereafter made by chapter 56. A contrary holding would deprive the words employed of their customary meaning. And we find nothing which requires us to accept any other meaning.

It follows that the challenged act cannot properly be said to impair the obligation of the agreement between the parties within the meaning of the Federal Constitution.

The judgment under review must be reversed and the cause remanded to the Court of Appeals for further action not in conflict with this opinion.

Reversed.