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APPENDIX——CHANCERY LAWS.
34. AND BE IT ENACTED, That in all cases now
depending in
the high court of chancery, as well as in those which may hereafter
be brought into the said court, the chancellor may make and
execute any order or decree in pursuance of the power and authority
herein and hereby conferred; provided nothing herein contained
shall be taken or construed to deprive any person of the liberty
of appeal from any decree made by the chancellor in the premises. |
NOV. 1785.
CHAP. 72.
And make any order,
&c. |
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CHAP. LXXVIII.
A Supplement to the Act*, entitled, An act for enlarging the power
of
the High Court of Chancery.
Lib. TBH. No. B, fol. 35. |
Passed March 11,
1786.
* Ch. 72. |
1. BE IT ENACTED, by the General Assembly
of Maryland, That
in case any person shall die seized of any lands, tenements or hereditaments,
in this state, intestate, and without heirs of the whole
of 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 escheat warrant,
any creditor of the deceased may enter a caveat to the same,
and thereupon no patent shall issue until an examination had by
the chancellor, and payment made to the creditor or creditors proving
their debts to the satisfaction of the chancellor, 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 in intestate,
and without heirs of the whole or half blood, in such case the person
claiming a right of conveyance, 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, and that the petitioner has a just claim to a
conveyance, may decree that the attorney-general shall execute a
conveyance 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, section 7, where
land is escheated, or becomes the property
of the state by the purchaser being an alien, or its having been confiscated,
any
person having a claim or lien thereto, or a title in equity, may bring
a suit against
the state, in law or equity, and if brought in the chancery court, the
attorney-general
shall be the defendant in behalf of the state, &c. but the state not
to be
burthened with costs. |
Persons dying
seized of lands,
&c. creditors may
file a petition, &c. |
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