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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 568   View pdf image (33K)
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568 INDEX,
JUDGMENTS—Continued.
the suit of the state, and the other at suit of a private citizen, that of
the state standing first upon the docket. HELD—
That the judgment in favor of the state is entitled to priority in
payment. Wm. S. Green's Estate, 349.
2. Where three years have elapsed after the rendition of a judgment, and
no fiat has been entered upon the scire facias, the judgment must be
presumed to be satisfied, or at least not in a condition to be enforced
at law. Hodges vs. Sevier, 382.
3. Where mortgaged property has been sold under a decree of this court,
and a judgment has been rendered against the mortgagor, prior to the
mortgage, which had become dormant by lapse of time, and no fiat
had been entered upon the scire facias to revive it, the judgment cred-
itor cannot, in such condition of his judgment, contest with the mort-
gagee, in this court, the application of the proceeds of the sale of the
mortgaged premises. Ib.
See PRACTICE IN CHANCERY, 48.
INJUNCTION, 8.
JURISDICTION.
See PRACTICE IN CHANCERY, 4, 14, 15.
ALIMONY, 1, 3, 5, 6, 7.
INJUNCTION, 5.
ORPHANS COURT, 3, 10.
LACHES.
See ASSIGNMENT, 5.
LAND OFFICE.
1. The recitals in an escheat warrant of the death of a party without heirs,
are not prima facie evidence that the land is liable to escheat so as to
throw the burden of proving the contrary upon the party who resists
the patent. Goodwill vs. Caton, 160.
2. Where a certificate has been regularly returned on an escheat warrant,
and has remained long enough in the land office to justify the issuing
of a grant, a reasonable prima facie presumption arises that the land
is escheatable. Ib.
3. An escheat grant is prima facie evidence that the land granted is liable
to escheat. Ib.
4. An escheat grant will pass all the land comprehended within the true
location of the tract escheated; it relates back, by operation of law,
to the original grant, and is within the rule of law, of relation between
grants and certificates. Jones vs. Badley, 167.
5. But this doctrine of relation is founded upon a principle of equity, and
where an escheator expressly excepts from his survey a part of the
tract escheated and does not pay for it, the doctrine does not apply.
Ib.
6. As a general rule, lands which have escheated cannot be taken up un-
der a common warrant as vacant lands. Ib.
7. But where no fraud or imposition has been practiced upon the state,
and there were no improvements upon the land which the party had

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 568   View pdf image (33K)
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