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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 966   View pdf image (33K)
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966; 6 GEO. 2, CAP. 14, PROCESS.
of officers' fees, and other acts, and ought so to remain; but whether by
incorporating this section of the Statute or otherwise, it will be for the
legislature to determine." Kilty Rep. 249. The subject of the Statute is
explained at some length by Chancellor Bland in Jones v. Jones, 1 Bl. 443,
(where the Chancellor held that Sand sold under a fieri facias was converted
into personalty, but the Court of Appeals held and ordered otherwise);
Hammond v. Hammond, 2 Bl. 306; Tessier v. Wyse, 3 Bl. 28; Coombs v.
Jordan, 3 Bl. 284.1
But now by the Code, Art. 83, sec. I,2 any sheriff, &c., to whom any
execution may be directed, may seize and expose to sale any legal or
equitable estate or interest which the defendant named in such writ may
have or hold in any lands, tenements, or hereditaments. And provision
is made in the next section for the conveyance by the sheriff to the pur-
chaser of any equitable interest sold under such execution, &c.3 See the
notes to 13 E. 1, Stat. 1, c. 45, and 29 Car. 2, c. S.4
3 This Statute did not interfere with the established distinction between
law and equity and did not permit equitable interests to be seized under a
ft. fa. Smith v. McCann, 24 How. 398; Morsell v. Bank, 91 U. S. 357;
Freedman's Co. v. Earle, 110 U. S. 714.
-• Code 1911, Art. 83, sec. 1.
3 If the equitable title to property sold under these sections is one which
includes possession of the property, the writ of habere facias possessionem
is applicable to give the purchaser possession. Deakins v. Rex, 60 Md. 593.
* As to spendthrift trusts, see note 116 to 29 Car. 2, c. 3.
718
STATUTES
Made at WESTMINSTER. Anno Regni GEORGII II. sexto and
A. D. 1733.
CAP. XIV.
An Act for the more effectual preventing frivolous and vexatious
Arrests, and for the more easy recovery of Debts and Damages in the
Courts of Great Sessions in the Principality of Wales, and in the Court
of Assize in the County Palatine of Chester, and for the obviating a
Doubt which has arisen upon an Act made in the Fourth Year of his
present Majesty's Reign, intituled. An Act that all Proceedings in Courts
of Justice, within that Part of Great Britain called England, and in

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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 966   View pdf image (33K)
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