LAWS OF MARYLAND.— 1795.

319

gagors is or are dead or alive, and if dead, who are the legal
representatives of such person or persons, or whether they have
left any, it shall and may be lawful for the chancellor in such
cases, upon satisfactory testimony thereof by affidavit of the
complainant, and other evidence, to decree, upon giving such
public notice as he shall deem necessary, a foreclosure of such
mortgage, or sale of the mortgaged premises, and conveyance
thereof, as in other cases where the party appears, and such
decree passes in the said court.
By 1795, ch. 88, sec. 2, the chancellor may decree the sale of any
equitable title or claim to land in any case in which he might on applica-
tion decree the sale of a legal complete title, &c.

SEC. 10. And, whereas it often occurs that persons against
whom judgments or decrees are obtained hold and possess, or
claim, lands, tenements or hereditaments, by equitable title only,
and the creditor or creditors of such persons are often without
remedy, either at law, or in equity, Be it enacted, That in such
cases it shall and may be lawful for the chancellor, on applica-
tion, to decree a sale of such equitable interest for the benefit of
the creditor or creditors applying for the same, and the pur-
chaser or purchasers thereof, under such decree, shall, upon
payment of the purchase money, be entitled to an assignment
of such equitable interest, to be made by the trustee making
such sale, and shall be entitled to such remedies, both in law
and equity, against all persons, and in all cases, as the person
could or might have had whose title he, she or they, may claim
by virtue of such purchase.
By 1810, ch. 160, equitable estates, in lands, are subjected to sale under
writs of fieri facias.

NOVEMBER, 1795.— CHAPTER 23.

AN ACT respecting Executions issued from one county to another, and
to compel the attendance of Witnesses summoned from one county
to another.
See process act, 1817, ch. 139.

And a sale
of equitable
interest,
&c.

Be it enacted, by the General Assembly of Maryland, That
in all cases where any execution has been, or shall be sent,
with an attested short copy of the judgment whereon the same
may have been issued, from one county to another, according to
the provisions of the act passed at October session, seventeen

How cer-
tain execu-
tions are to
be proceed-
ed on, &c.

hundred and seventy-seven,* entitled, an act to empower the
county courts to issue subpoenas for witnesses residing in other
counties to attend trials to be had before such courts, and to
direct the manner of issuing executions from one county to
another, and of the act passed at November session, seventeen

*Chap. 12.

hundred and ninety-four, t entitled, an act for the amendment
of the law in certain cases, the same proceedings shall and

t Chap. 54.