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Clement Dorsey. The general public statutory law and public local law of the state of Maryland : from the year 1692 to 1839 inclusive, with annotations thereto,and a copious index.
Volume 141, Page 317   View pdf image (33K)
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LAWS OF MARYLAND.— 1794.

317

chancellor's ratification thereof, and on receipt of the purchase
money, by deed indented, acknowledged and recorded, agreea-
bly to law, to convey to the purchaser or purchasers all the
right, title, interest and estate, which was in the person so dying
seized or possessed, or to which he, she or they, had claim as
aforesaid, and all the right, title, interest and estate, of the per-
son or persons having the legal estate in the land sold, and
made defendant or defendants as aforesaid ; and the purchaser
or purchasers shall thereupon be entitled to hold the land so
conveyed, free and discharged from all claim of any person
claiming by descent or devise under the person dying seized or
possessed, or claiming as aforesaid, and from all claim of such
defendant or defendants.

 

SEC. 6. And be it enacted. That if any patent shall hereafter
issue to any person or persons for lands which have escheated
or shall escheat to this state, and the person whose title to the
said lands became escheatable died, or shall die, leaving debts
unpaid which were contracted within this state, or with any of
the citizens thereof, it shall and may be lawful for such creditor
or creditors to file his, her or their bill in chancery against the
state of Maryland, in which it shall be sufficient to state the
nature of his, her or their claim or demand, in like manner as if
the said suit was brought against the original debtor, and upon
his, her or their serving a subpoena on the attorney general, and
establishing the said claim according to the usual course of the
court in other cases, such creditor or creditors, shall be entitled
to recover of the state his, her or their said debt, if the money
received by the state for such escheat title shall have been equal
to the same, and in case said sum received by the state shall be
short of the said debt or debts, then such creditor or creditors
shall recover so much thereof against the state as may or shall
have been received for such escheat title, so granted as afore-
said ; and in all such cases the chancellor shall cause notice to
be given, in such manner as he shall think proper, to the credi-
tor or creditors of the said deceased person, to make known
their respective claims, and lodge the same with the register of
his said court, and substantiate their respective demands in such
manner as he shall direct; and in case there shall be more than
one creditor who shall bring suit as aforesaid against the state,
or upon such notice shall produce and substantiate his, her or
their claim to the satisfaction of the chancellor, and if the money
received by the state for the sale of such escheat title shall not
be sufficient to pay and satisfy the whole of such creditors, then
and in such case it shall and may be lawful for the chancellor
to apportion the same among all such creditors, according to the
amount of their respective claims.

If patent
shall issue,
&c. credit-
tor may file
his bill, &c.

 



 
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Please view image to verify text. To report an error, please contact us.
Clement Dorsey. The general public statutory law and public local law of the state of Maryland : from the year 1692 to 1839 inclusive, with annotations thereto,and a copious index.
Volume 141, Page 317   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


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