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state, without going into the land
office, 460, 466.
The public lands can only be sold for a
valuable consideration, or disposed of
with a view to some public benefit, 460.
The extent of the authority to acquire a
right to land covered by the tide water
of the basin of Baltimore by making
improvements thereon, 466.
A patent may be granted for land cover-
ed by navigable water, subject to the
right of navigation, 467.
So a patent may be granted for land sub-
ject to a right of wharf, way, &,c. 473.
No title can be obtained from the land of-
fice for any thing but land, 473.
All improvements made upon land by
any one without right belong to the
owner of such land, 472.
Previous mistakes in proceeding under a
warrant, may be cured by the payment
of the caution money. — Coursey v.
Hemsley, 458.
Proceedings under a warrant deemed
valid, if had according to the then prac-
tice of the land office, 458.
Under special circumstances, warrants
may be granted to obtain lands for
which a proclamation warrant could
not be obtained. — Ross v. Bladen, 464.
The owner of land bounded by tide water
has no pre-emptive right to take con-
tiguous marsh. — Baltimore v. McKim,
469.
A right to take out a warrant of resurvey
is an incident only of a legal title de-
rived from a patent or of an imperfect
legal title under a certificate com-
pounded on. — Hughlett's case, 475.
Where the holder of a tract of land by a
legal title, by a warrant of resurvey,
takes in some contiguous vacancy,
and then makes sale of the original tract
by its name and description; as the va-
cancy embraced by the certificate of re-
survey, does not thereby pass to the
vendee, he cannot obtain a patent upon
such certificate, 475.
LIEN.
The origin and nature of a judicial lien
which fastens upon all the real estate
then held or thereafter acquired by the
defendant, from the date of the judg-
ment .—Coombs P. Jordan, 298, 300.
A judicial Hen never extends beyond the
debtor's power of alienation, and in
some cases not so far, 298.
In a suit by a bond creditor against the
heir, in respect of real assets descend-
ed, the Hen on stich assets commences
fcy relation from the institution of the
suit 302.
A judicial lien can only fatten upon that
which is properly denominated real es-
tate, 310.
What is to be regarded as real estate as
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between vendor and vendee, mortga-
gor and mortgagee, 311.
What is to be considered real estate as
between landlord and tenant, beir and
executor, 311.
What are fixtures, which as a part of the
realty are bound by the lien, 811.
Incorporeal hereditaments which may be
taken and sold under a fieri fatias will
be bound by a judicial lien, 315.
An equitable interest being liable to be
taken in execution is bound by the
lien, 319.
As the lien of a judgment at common law
arises altogether from the liability of
the real estate to be taken in execution,
it fastens from the date of such judg-
ment where the liability then exists,
298, 323.
Lands having been made liable to be ta-
ken and sold under a fieri facias upon
a decree in equity, a lien takes effect
from the date of'such decree as well
as from the date of a judgment at com-
mon law, 321.
A judicial lien, when barred by lapse of
time, cannot be revived so as to have a
retrospective effect prejudicial to the
rights of others, 824; Post v. Mackall,
517; The Cape Sable Company's case,
660,
The bringing of an action of debt upon a
judgment amounts to a virtual aban-
donment of any then existing lien ari-
sing therefrom '—The Cape Sable Com-
pany's case, 660.
Where a judgment has abated by death
during the continuance of the lien the
plaintiff or his representative may come
in under a creditor's suit and have the
benefit of such lien without reviving
at law. — Coombs v. Jordan, 826.
Where the execution of a judgment has
been suspended the lien continues Its
limited time after the expiration of
such suspension, 328.
Lien in its proper sense is a right which
the law gives; although it is usual to
speak of Hen by contract. — Ridgely v.
Iglehart, 542.
Of liens given by the common law, by
equity, by marine law, by statute, and
by contract, 542.
The lien given by the act to direct de-
scents repudiates every thing like an
equitable lien, and can only be en-
forced at common law as a statutory
lien incident to the bond with which it
has been blended, 547,
Where under the act to direct descents,
one of the heirs, tinder an order of sale
purchases the whole, and gives bond
with another heir as his surety, the lien
of the bond is exclusive of the interests
of such obligors, 549.
Where one heir sues upon such bond and
obtains judgment, and by virtue of an
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