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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 364   View pdf image (33K)
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364 21 H. 8, CAP. 4, SALES BY PART OF EXECUTORS.
279 H & G 275* where the plaintiff was nonsuited on a plea of prop-
erty in the defendant, who had judgment for a return and costs, and the
Court refused a writ of inquiry of damages to the defendant, the Court of
Appeals held that it was right in so doing. "In cases falling within these
Statutes the damages are such as are sustained before the institution of
the suit. But to allow damages in such a case would be to give them for
the injury arising from the institution of the suit, and the detention of
the property by the plaintiff from that time, which would be a novel pro-
ceeding and justified by no analogy of law. The remedy of the defendant
will be found by a suit on the replevin bond executed by the plaintiff, the
condition of which is sufficiently comprehensive to indemnify the defendant
from any injury he may sustain by a nonsuit;"3 though it is said in Tidd
Prac. 887, that the damages are such as the defendant has sustained by
the delay of his remedy in consequence of the replevin, and see Sedgwick
on Damages, 583 et seq. 4th ed.
3 See Poe's Practice, secs. 444, 454 et seq.
STATUTES
-Made at the PARLIAMENT begun at LONDON,, and continued
afterward by Prorogation and Adjournment to WESTMIN-
STER, Anno 21 HEN. VIII. and A. D. 1529.
CAP. IV.
The Sale of Lands by part of the Executors lawful.
Where divers sundry persons before this time, having other
persons seised to their Uses of and in Lands and other Hered-
itaments to and for the Declaration of their Wills, have by
their last Wills and Testaments willed and declared such their
said Lands, Tenements, or other Hereditaments to be sold by
their Executors, as well to and for the Payments of their Debts,
Performance of their Legacies, necessary and convenient find-
ing of their Wives, virtuous bringing up and advancement of
their Children to Marriage, as also for other charitable Deeds
to be done and executed by their Executors for the Health of
their Souls. (2) And notwithstanding such Trust and Confi-
dence so by them put in their said Executors, it hath oft times
been seen, where such last Wills and Testaments of such

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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 364   View pdf image (33K)
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