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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 40   View pdf image (33K)
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40 20 H. 3, CAP. 9, BASTARDS.
The other part of the Statute, relating to the widow's other lands and
tenements, is in affirmance of the common law, and extends to lands which
she has in frank marriage, or of any other estate or inheritance, the corn
or grass growing thereupon she may lawfully dispose, 2 Inst. 81.
Crop* railed on mortgaged land.—When crops are planted on land which
is subject to a mortgage, a purchaser of the land at foreclosure sale before
actual physical severance and gathering of the crops is entitled to the
same as against a third party to whom the mortgagor had previously ex-
ecuted a bill of sale of the crops as well as against the mortgagor him-
self. Wootton v. White, 90 Md- 64. Cf. Chelton v. Green, 65 Md. 272.
But now by the act of 1900 ch. 457 it is provided that where any real or
leasehold estate is encumbered by a mortgage, except when otherwise
agreed by its terms, no annual crops pitched or cultivated by any debtor
therein, or those claiming under him, shall pass with said property at any
sale under said mortgage, but such crops shall remain the property of
said debtor, or those claiming under him, subject to a lien on said crops
for the rental of the part of the property occupied by them, said rental to
be agreed upon by the parties or determined by appraisers appointed by
the court having jurisdiction over such sale, the purchaser having also
the right of distress for said rental. Code 1911, Art. 66, secs. 26-28.
CAP. IX.
He is a Bastard that is born before the Marriage of his Parents.

To the King's writ of Bas-tardy. Whether one being born
before Matrimony may inherit
in like manner as he that is
born after Matrimony, all the
bishops answered. That they
would not, nor could not, an-
swer to it; because it was di-
rectly against the common
Order of the Church. (2) And
all the Bishops instanted the
Lords, that they would con-
sent, that all such as were born
afore .Matrimony should be le-
gitimate, as well as they that
be born within Matrimony,
as to the succession of In-
heritance, forsomuch as the

Ad breve regis de Bastar-dia, utrum aliquis natus ante
matrimonium habere poterit
haereditat', sicut ille qui natus
est po.st matrimonium, rcspou-
dorunt omnes episcopi, quod
nolunt nec possunt ad istud
breve respondere, quia hoc
psset contra communem for-
mam ecdesise. Et rogaveruut
omnes episcopi magnates, ut
consentircnt, quod nati ante
matrimonium essent legitimi,
sicut illi qui nati sunt post
matrimonium, quantum ad
successionem hareditariam,
quia ecclesia tales habet pro
legitimis. Et omnes comites

 

 
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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 40   View pdf image (33K)
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