| NOV. 1794.
CHAP. 60. |
APPENDIX——CHANCERY LAWS.
contract, any debt or debts within this state, or with any of the
citizens thereof, the chancellor of this state, upon the application
of any such creditor or creditors, and such notice thereof being
given as he shall direct, shall have full power and authority, if the
claim of such creditor or creditors shall be established, and it shall
appear to the chancellor to be just and proper, upon consideration
of all circumstances, that such debt or debts should be paid by a
sale of such real estate so devised or descending, to order and decree
the whole, or any part thereof, to be sold for the payment of
such creditor or creditors, in his discretion, shall think proper; and
the
chancellor in all such cases shall have the same power and authority
as he hath in other cases by the act to which this is a supplement. |
Where persons
die seized, &c.
chancellor may
order and decree,
&c. |
3. AND, whereas many persons die possessed
of, or claim, land
within this state, and have only an equitable title in the same,
without leaving any known heir or devisee who can inherit the said
land, whereby the creditors of such persons, in default of other
assets, are without remedy for the recovery of such debts, BE IT
ENACTED, by the General Assembly of Maryland, That in case any
person seized or possessed of any lands, tenements or hereditaments,
in this state, or having an equitable right, title or interest
therein, hath died, or shall die, without leaving any known heir or
devisee capable of inheriting or taking the same, and without
leaving a sufficient personal estate for the payment of his or her
debts contracted within this state, or with any of the citizens thereof,
the chancellor shall have full power and authority, upon the
application of any such creditor or creditors, and such notice thereof
being given as he shall direct, if the claim of such creditor or
creditors shall be established to his satisfaction, to order and decree
the whole of such real estate to be sold for payment of such
creditor or creditors, in such manner, and upon such terms, as the
chancellor in his discretion shall think proper, and after payment
and satisfaction of such creditor or creditors, and the costs of such
suit, to order and decree the surplus arising from such sale to be
paid into the treasury for the use of the state; and the chancellor in
all such cases shall have the same power and authority as he hath
in other cases by the act to which this is a supplement. |
Persons purchasing
to be entitled,
&c. |
4. AND BE IT ENACTED, That any person or persons
who shall
purchase an equitable title to lands under any decree of the chancellor
passed in virtue of the possessions of this act, shall be entitled,
upon payment of the purchase money, to an assignment or
conveyance of such equitable interest, to be made by the trustee or
trustees making such sale, and shall, in consequence of such purchase
and assignment, or conveyance, stand, as to title, in the place
of the person dying seized and possessed as aforesaid, and entitled
to such remedy in all cases, and against all persons, as the person
could or might have had whose title he, she or they, may claim by
virtue of such purchase. |
Creditors may
pray a subpœna,
&c. |
5. AND BE IT ENACTED, That any creditor or
creditors making
application to the chancellor as aforesaid, by bill or petition, may
pray and obtain a subpœna against the person or persons having
the legal title to the land whereof the deceased died seized or possessed,
or to which he, she or they, had claim, under the circumstances |
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