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APPENDIX——CHANCERY LAWS.
aforesaid; and in case the facts set forth in the bill or petition,
to entitle the complainants to a decree as aforesaid, shall be
established to the satisfaction of the chancellor, after the summoning
and hearing of the person or persons so made defendant or defendants,
or after such proceedings against such defendant or defendants,
as would entitle the complainant or complainants to a decree
in any other application for a decree for conveyance, in case of
the defendant or defendants being under age, or residing out of the
state, or standing out the process of the court, the chancellor, by
his decree, may direct the trustee appointed, to make sale, on the
chancellor's ratification thereof, and on receipt of the purchase
money, by deed indented, acknowledged and recorded, agreeably
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 person 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 aforesaid,
and from all claim of such defendant or defendants. |
NOV. 1794.
CHAP. 60. |
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 subpœna 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 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. creditor
may file his
bill, &c. |
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