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APPENDIX——CHANCERY LAWS.
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 application, to decree
a sale of such equitable interest for the benefit of the creditor
or creditors applying for the same, and the purchaser 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. |
NOV. 1794.
CHAP. 60.
And a sale of
equitable interest,
&c. |
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NOVEMBER SESSION, 1795.
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CHAP. LXXXVIII.
An Act relative to the proceedings in the Court of Chancery and
in
the Land Office. Lib. JG. No. 2, fol. 399.
A Supplement, 1796, ch. 6. |
Passed Dec. 24, 1795. |
1. BE IT ENACTED, by the General Assembly
of Maryland, That
in any case whatever, where a bill shall be filed in the court of
chancery against any person or persons not residing within the
state, the chancellor may direct such notice of the said bill, and of
the object thereof, by advertisement in news-papers, or otherwise,
as to him shall seem proper, warning the defendant or defendants
to appear in the said court in person, or by a solicitor, on or before
some day to be fixed, not less than four months distant from
the time of the first advertisement, or other notice, to shew cause
why a decree should not be passed as prayed by the bill; and in
case the defendant or defendants shall not so appear within the
time limited, either the bill, at the discretion of the chancellor,
may be taken pro confesso, and he shall proceed to decree in the
same manner as if the defendant or defendants had admitted, by
answer, the facts stated in the bill, or a commission shall, on application
of the complainant or complainants, be issued for taking
depositions on his or their part, and on return of the said commission,
the chancellor may proceed to decree according to the facts
proved, and the established principles and practice in equity; provided
nevertheless, that if the said defendant or defendants shall
appear to the bill in person, or by a solicitor, at any time before a
decree shall be passed, there shall in all respects be the same proceedings
before a decree, as if the defendant or defendants had appeared
regularly on the return of a subpœna (a;) and provided
also, that if any person, against whom a decree shall be made, in
(a) By 1799, ch. 79, s. 9, if any
defendant shall appear in court, either in person
or by solicitor, he shall put in a good and sufficient answer to each interrogatory
contained in the bill, or a plea or a demurrer to the same, on or before
the
fourth day of the term succeeding such appearance, he shall otherwise be
liable
to be proceeded against, if a resident of the state,
as if he had been duly summoned,
&c. and if he be a nonresident, either the bill hall be taken pro
confesso,
or, at the discretion of the chancellor, a commission shall issue, &c. |
In certain cases
chancellor may
direct notice, &c. |
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