1831.
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LAWS OF MARYLAND.
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CHAP. 890.
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out due notice, or under any circumstances tending to pre-
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Reserving plain-
tiff's right
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vent the estate sold from bringing a fair or full value, the
said court shall vacate and set aside the said sale, saving,
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however, to the party entitled to the benefit of the judg-
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ment, to have further execution of said judgment, issued by
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any justice of the peace of said county, on a certified copy,
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under seal of said county court, of the said judgment; and
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if the said court shall ratify and confirm the said sale, said
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May confirm the
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ratification and confirmation shall be deemed and taken as
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sale.
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conclusive evidence of the sufficiency and regularity of the
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notice required as aforesaid, and manner of making such
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sale.
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Deed of the cow-
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Sec. 4. And be it enacted, That any deed or deeds of
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stable or sheriff for
property so sold,
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bargain and sale, duly executed and acknowledged by any
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confirmed.
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constable or sheriff, for any lands and tenements or real es-
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tate or interest or estate, in, of, relating to, or growing out
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of, any lands, tenements or real estate, sold by virtue of any
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fieri facias or venditioni exponas or any judgment of a
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justice of the peace, shall be good and effectual, to transfer
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and convey to any purchaser or purchasers, his or their
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heirs, executors or administrators or assigns, any right or
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estate, to or in the premises, which by such grantees may
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be legally acquired under and by virtue of any such sale;
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Proviso,
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Provided, Such sale be ratified and confirmed as aforesaid.
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Sec. 5. And be it enacted, That the act passed at De-
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Provisions of the
act of 1825, chap.
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comber session, in the year eighteen hundred and twenty-
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108, and its sup-
plement extended
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five, chapter one hundred and three, entitled, "An act to
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to such s iles.
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enable purchasers to obtain possession of lands and premi-
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ses sold by sheriffs, coroners and elisors at public auction,
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and the supplements thereto, shall be deemed and taken to
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extend and apply, and .are hereby extended and applied to
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sales by constables or sheriffs as aforesaid, ratified and con-
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firmed as aforesaid, to every effect, intent and purpose, as if
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such sales had been specifically mentioned in said act, and
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the supplements aforesaid; and the writ habere facias
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possessionem, in said act and supplements provided for, may
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be issued by the county court to which the proceedings as
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to said sales shall be returned as aforesaid, and be by said
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court acted on and with, as if the execution under which
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such sales shall have been made, had issued from said coun-
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ty court, on a judgment therein recovered.
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Magistrates judg-
ments not a lien
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Sec. 6. And be it enacted, That no judgment rendered by
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until confirmed
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any justice of the peace, shall, unless and until the same
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after appeal.
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shall, on an appeal, be affirmed by a county court, be
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deemed and taken to be a lien on any lands, tenements or
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real estate or estates, or interest therein, legal or equitable.
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Preamble.
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AND WHEREAS, doubts have been entertained as to the
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proper construction of an act of the general assembly of
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