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Session Laws, 1831
Volume 213, Page 375   View pdf image (33K)
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1831.

LAWS OF MARYLAND.

CHAP. 890.

out due notice, or under any circumstances tending to pre-

Reserving plain-

tiff's right

vent the estate sold from bringing a fair or full value, the
said court shall vacate and set aside the said sale, saving,

 

however, to the party entitled to the benefit of the judg-

 

ment, to have further execution of said judgment, issued by

 

any justice of the peace of said county, on a certified copy,

 

under seal of said county court, of the said judgment; and

 

if the said court shall ratify and confirm the said sale, said

May confirm the

ratification and confirmation shall be deemed and taken as

sale.

conclusive evidence of the sufficiency and regularity of the

 

notice required as aforesaid, and manner of making such

 

sale.

Deed of the cow-

Sec. 4. And be it enacted, That any deed or deeds of

stable or sheriff for
property so sold,

bargain and sale, duly executed and acknowledged by any

confirmed.

constable or sheriff, for any lands and tenements or real es-

 

tate or interest or estate, in, of, relating to, or growing out

 

of, any lands, tenements or real estate, sold by virtue of any

 

fieri facias or venditioni exponas or any judgment of a

 

justice of the peace, shall be good and effectual, to transfer

 

and convey to any purchaser or purchasers, his or their

 

heirs, executors or administrators or assigns, any right or

 

estate, to or in the premises, which by such grantees may

 

be legally acquired under and by virtue of any such sale;

Proviso,

Provided, Such sale be ratified and confirmed as aforesaid.

 

Sec. 5. And be it enacted, That the act passed at De-

Provisions of the
act of 1825, chap.

comber session, in the year eighteen hundred and twenty-

108, and its sup-
plement extended

five, chapter one hundred and three, entitled, "An act to

to such s iles.

enable purchasers to obtain possession of lands and premi-

 

ses sold by sheriffs, coroners and elisors at public auction,

 

and the supplements thereto, shall be deemed and taken to

 

extend and apply, and .are hereby extended and applied to

 

sales by constables or sheriffs as aforesaid, ratified and con-

 

firmed as aforesaid, to every effect, intent and purpose, as if

 

such sales had been specifically mentioned in said act, and

 

the supplements aforesaid; and the writ habere facias

 

possessionem, in said act and supplements provided for, may

 

be issued by the county court to which the proceedings as

 

to said sales shall be returned as aforesaid, and be by said

 

court acted on and with, as if the execution under which

 

such sales shall have been made, had issued from said coun-

 

ty court, on a judgment therein recovered.

Magistrates judg-
ments not a lien

Sec. 6. And be it enacted, That no judgment rendered by

until confirmed

any justice of the peace, shall, unless and until the same

after appeal.

shall, on an appeal, be affirmed by a county court, be

 

deemed and taken to be a lien on any lands, tenements or

 

real estate or estates, or interest therein, legal or equitable.

Preamble.

AND WHEREAS, doubts have been entertained as to the

 

proper construction of an act of the general assembly of



 
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Session Laws, 1831
Volume 213, Page 375   View pdf image (33K)
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