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The Maryland Code : Public General Laws and Public Local Laws, 1860
Volume 145, Page 636   View pdf image (33K)
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636 TESTAMENTARY LAW. [AET. 93.

application to procure such deed shall be made to the Orphans'
Court of the city or county where the land sought to be con-
veyed is situate.

DEBTS.

83. No administrator shall discharge any claim against his
decedent, (otherwise than at his own risk,) unless the same be
first passed by the Orphans' Court granting the administration,
or unless the said claim shall be proved according to the follow-
ing rules.

84. The voucher or proof of a judgment or decree, shall be
a short copy thereof under seal, attested by the clerk of the
court where it was obtained, who shall certify that there is no
entry or proceeding in the court to show that the said judgment
or decree hath been satisfied. There shall likewise be a certifi-
cate of some person authorized to administer an oath endorsed
on or annexed to a statement of the debt due on such judgment
or decree, that the creditor since the death of the deceased hath
taken before him the following oath, to wit: "'That he hath not
received any part of the sum for which the judgment or decree
was passed, except such part (if any) as is credited; and if the
creditor on the judgment or decree be an assignee of the person
who obtained it, the oath shall go on and say, further, "and that
to the best of his knowledge or belief, no other person hath
received any parcel of the said sum except such part (if any) as
is credited," and an assignee shall also produce the assignment
under the hand of the assignor; and if there be more than one
assignment, each assignment shall be produced under the hand
of the party.

85*. If a special bail shall have discharged a judgment against
the deceased, he shall be considered as the judgment creditor,
and in case the plaintiff who obtained the judgment shall not
have assigned the same (as he ought to do) to the bail, a receipt
from him given to the bail shall be considered equivalent to an
assignment.

86. If there be more than one creditor, the whole oath, with
the other vouchers, shall be sufficient.

87. In case of a specialty, bond, note or protested bill of ex-
change, the vouchers shall be the instrument of writing itself or
a proved copy, in case it be lost, with a certificate of the oath

 

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The Maryland Code : Public General Laws and Public Local Laws, 1860
Volume 145, Page 636   View pdf image (33K)
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