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Persons
dying
seized of
lands, &c.
creditors
may file a
petition,
kc.
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SEC. 1. Be it enacted by the General Assembly of Maryland,
That in case any person shall die seized of any lands, tene-
ments or hereditaments, in this state, intestate, and without
heirs of the whole or the half blood, and indebted, and not
leaving personal estate sufficient to pay his debts, any of his
creditors may file a petition in the chancery court, suggesting
such facts, and praying that such real estate, or so much thereof
as may be necessary, be sold for the payment of the debts of
the deceased, and the attorney-general, upon notice of such
petition being filed, shall appear to the same and defend, and
the chancellor, being fully satisfied of the truth of the said facts,
may order a sale by trustees, of the real estate of such deceased
person, or of so much thereof as may be thought necessary, to
discharge his debts, for the benefit of his creditors, and if not
sufficient to pay the whole debts, the money arising from such
sale to be equally distributed among the creditors in proportion
to their debts without any preference; and upon any certificate
of survey being made and returned in consequence of an es-
cheat warrant, any creditor of the deceased may enter a caveat
to the same, and thereupon no patent shall issue until an exami-
nation had by the chancellor, and payment made to the creditor
or creditors proving their debts to the satisfaction of the chan-
cellor, by sale of the property as aforesaid; and in case any
person, having contracted in writing for the sale of any real
estate, shall die seized intestate, and without heirs of the whole
or half blood, in such case the person claiming a right of con-
veyance, in consequence of such contract, may file his petition
in the chancery court, suggesting such contract, and praying a
decree for conveyance, and the attorney-general, upon notice of
such petition being filed, shall appear to the same, and the
chancellor, being fully satisfied of the truth and validity of the
contract, and that the petitioner has a just claim to a convey-
ance, may decree that the attorney-general shall execute a con-
veyance upon such terms and conditions as the chancellor shall
think proper, and the consideration money, if any due from the
person claiming a conveyance as aforesaid, shall be paid before
conveyance to the treasurer of the western shore, to be applied,
in the first place, to discharge the debts due from the deceased,
and the balance to the use of this state.
By 1799, ch. 79, sec. 7, where land is escheated, or becomes the pro-
perty of the state by the purchaser being an alien, or its having been con-
fiscated, any person having a claim or lien thereon, or a title in equity, may
bring a suit against the state, in law or equity, and if brought in the chan-
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