clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search
search for:
clear space
white space
Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 21   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

9 H. 3, CAP. 18, STATE'S PREFERENCE. 21
origin and nature of the State's lien on the lands and tenements of its
debtor is explained in Jones v. Jones, 1 Bl. 445, and it is shown to operate
to the exclusion of all incumbrances subsequent to the institution of the
suit. The same point was ruled in Hodges v. Mullikin, 1 Bl. 503, where
the voucher of the State's claim was allowed to be corrected and perfected.
And in Ridgely v. Iglehart, 3 Bl. 540 it is said that this lien is of a pecul-
iar kind which may and perhaps only can be enforced at common law. In
this ease a reference is given to a number of Acts of Assembly, by which
certain bonds given to the State were made liens on the real estate of the
obligors for the payment of the debts. Nothing is said in any of these Acts
as to the mode in which the benefit of the lien is to be obtained where the
obligors aliened their lands after giving such bonds. But in Lane v. Gover, 3
H. & McH. 394, land upon which a similar lien had fastened under the Act of
November 1773, ch. 26, providing for the issue of bills of credit, was sold
under a fi. fa. issued by the General Court in the name of the commissioners
under that Act. It may also be* observed that in the above-cited
case of Davidson v. Clayland, the surplus proceeds of sale of real estate
under a prior judgment were considered to be real estate on which the lien
of a judgment obtained by the State would attach.
In Brady v. The State, 26 Md. 290 it was decided that Acts of Assembly
granting aid to a private corporation were public acts and were notice to
the public of what they contain, and hence were sufficient to put any party
dealing with such company upon inquiry. The Acts in question provided
that the tolls and revenues of the Chesapeake and Ohio Canal Company
should be assigned to the State as a security for certain advances. A mort-
gage, which was given under the last in date of these Acts, was not re-
corded for two years after its date, but the Court said that it is not neces-
sary for an assignee of claims or money to give notice by registration or
otherwise to protect his claim against an attaching creditor. And these
Acts being anterior to the judgment in which the attachment issued the
priority of the State was upheld.
A final release under the insolvent laws of the State of a debtor to the
State after judgment against him will protect him from execution in such
judgment. State v. Walsh, 2 G. & J. 406; and see State v. Stump, 2 H. &
McH. 174. The Act of 1864. ch. 243" provides that wherever a surety sat-
isfies a judgment of the State against the principal debtor the attorney of
the State shall enter it to the use of such surety on the production of the
Comptroller's certificate of satisfaction thereof. The case of Peacock v.
Pembroke, 8 Md. 348, is therefore now only authority that the attorney of
the State cannot give a valid receipt for money or debts due the State. See
Code Art. 81 sec. 83 et seq.7 for other provisions for the payment of the
State's claims.
United States' priority.—The priority of the United States depends upon
several Acts of Congress, see 1 Kent's Comm. 243, and the construction
'•Code 1911, Art. 8, sec. 8; McKnew v. Duvall, 45 Md. 501; Wilson v. Ridge-
ly, 46 Md. 245.
7 Code 1911, Art 81, sec 79 et seq.
As to the State's prior right to funds arising from sales by ministerial
officers, see Code 1911, Art. 81, secs. 68, 69.

 
clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 21   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  August 16, 2024
Maryland State Archives