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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 16   View pdf image (33K)
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16 9 H. 3, CAP. 8, STATE'S PREFERENCE.
bar such estate of the husband therein, (and this estate shall be known as
the husband's dower, and the statute and common law of this State as to
the wife's dower shall be construed to be applicable to this estate unless
such construction would be unreasonable"), the words in brackets being
added by the latter Act. Code 1911, Art. 45, sec. 7.
The case of Harris v. Whiteley, 98 Md. 430, arose prior to the Act of
1904. In this case certain judgment creditors of a husband, who had mar-
ried prior to the Act of 1898 and whose wife had acquired also prior to said
act certain real estate, attempted to subject the husband's interest therein
to the payment of their judgments. It was held that the Act of 1898 was not
retroactive and that the husband had no such interest in his wife's real
estate as could be levied on by his creditors, and further that the legisla-
ture had no power to divest or impair the existing rights of married women
acquired under the previous law. Cf. Snyder v. Jones, 99 Md. 693, 696;
Slingluff v. Hubner, 101 Md. 652; Safe Deposit Co. v. Gittings, 103 Md. 485,
495. Where land is devised to a married woman who dies before the testa-
tor, leaving a husband and brothers surviving and these also survive the
testator, the devise under sec. 326 of Art. 93 of the Code of 1911 is trans-
ferred at the death of the testator to those who are then entitled to take
what she would have taken if living and as what she would have taken
would be subject to her husband's dower right her heirs take subject to
that right. The husband is therefore entitled to an estate for life in one-
third of the land devised. Vogel v. Turnt, 110 Md. 192.
12 CAP. VIII.
How Sureties shall be charged to the King,

We or our Bailiffs shall not
seise any land or rent for any
debt. as long as the present
deeds and Chattels of the
debtor do suffice to pay the
debt, and the debtor himself
lie ready to satisfy therefore.
i 2) Neither shall the pledges
of the debtor be distrained, as
long as The principal debtor is
sufficient for the payment of
the debt. (3) And if the prin-
cipal debtor fail in payment
of the debt, having nothing
wherewith to pay. or will not
pay where lie is aide, the
Nos vero vel ballivi nostri
non seisiemus terrain aliquam
vel redditum pro debito aliquo
quamdiu catalla debitoris pre-
sentia sufficiunt ad debitum
redden d' & ipse debitor para-
Ins sit hide satisfacere. Nec
plegii ipsius debitoris distrin-
gantur quamdiu ipse capitalis
debitor sufficiat ad solution eni
ipsius debiti. Et si capitalis
debitor defecerit in solutione
debiti non habens unde reddat
aut reddere nolit cum possit
plegii de debito respondeant.
Et si voluerint habeant terras

 

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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 16   View pdf image (33K)
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