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32 H. 8, CAP. 37, DISTRESS BY EXECUTORS. 475 was proof of a general plan or scheme for the improvement of the property, and the covenants had been entered into as a part of a general plan to be exacted from all purchasers, and to be for the benefit of each purchaser, and the party had bought with reference to such general plan or scheme, and the covenants had entered into the consideration of his purchase. Affirmed in Foreman v. Sadler, 114 Md. 578. CAP. XXXVII. 356 The Recovery of Arrearages of Rents by Executors of Tenants in Fee- simple. Forasmuch as by the Order of the Common Law, the Execu- tors or Administrators of Tenants in Fee-simple, Tenants in Fee-tail, and Tenants for term of Life, of Rent Services, Rent Charges, Rents Seeks, and Fee-farms, have no remedy to recover such Arrearages of the said Rents or Fee-farms as were due unto their Testators in their Lives, (2) nor yet the Heirs of such Testator, nor any person having the Reversion of his Estate after his Decease, may distrain, or have any law- ful Action to levy any such Arrearages of Rents, or Fee-farms, due unto him in his Life, as is aforesaid; (3) by reason whereof, the Tenants of the demean of such Lands, Tenements, or Hereditaments, out of the which such Rents were due and pay- able, who of right ought to pay their Rents and Farms at such Day and Terms as they were due, do many times keep, hold, and retain such Arrearages in their own hands, so that the Executors and Administrators of the persons to whom such Rents or Fee-farms were due, cannot have or come by the said Arrearages of the same, towards the Payment of the Debts, and Performance of the Will of the said Testators: (4) For remedy whereof, be it enacted by the Authority of this present Parliament, That the Executors and Administrators of every such person or persons unto whom any such Rent, or Fee- farm is or shall be due, and not paid at the time of his Death, shall and may have an Action of Debt for all such Arrearages, against the Tenant or Tenants that ought to have paid the said Rent or Fee-farms so being behind in the Life of their Testator, or against the Executors and Administrators of the said Tenants; (5) and also furthermore, it shall be lawful to every such Executor and Administrator of any such person or |
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Alexander's British statutes in force in Maryland. 2d ed., 1912
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