ART. 75] WRIT OF POSSESSION. 1677

minerals is the value of the minerals in their native state, before sever-
ance, to the person from whose property they were taken at the time
of the taking; but if one furtively or in bad faith works and abstract?
minerals from the land of another, the party so offending may be
charged with the whole value of the minerals taken and allowed no
deduction in respect of his labor and expenses in getting them.
Cited but not construed in Castleman v. Du Val, 89 Md. 659.

Possession—Writ of.

1904, art. 75, sec. 93. 1888. art. 75, sec. 88. 1860. art 75, sec. 64. 1825, ch. 103,

sec. 1. 1864, ch. 283. 1878, ch. 141. 1886, ch. 504. 1890, ch. 635.

1900, ch. 310.

93. Whenever any lands or tenements shall be sold by any sheriff,
constable, coroner, or elisor by virtue of any process or execution from
any court or justice of the peace of this State, or by any trustee under
the decree of any court of this State, by any trustee by appointment
of an insolvent court, by any trustee under any voluntary deed of
trust, by any mortgagee under any power in any mortgage, by any
executor or executors or any other person under any power in a will,
and the debtor named in such execution or decree, his widow or heirs
who are parties to the proceedings in which such execution was issued
or such decree passed, the insolvent grantor or mortgagor in said deed
of trust or mortgage, or any person holding under said debtor, insolvent,
grantor or mortgagor by title subsequent to the date of the judgment,
decree, insolvent proceedings, deed of trust or mortgage respec-
tively, or any person claiming under the devisor of said will,
shall be in actual possession of the lands and tenements sold and
shall fail or refuse to deliver possession of the same to the pur-
chaser thereof, excepting, however, cases of tenancies created in
the lifetime of the devisor, which shall be fulfilled as now allowed
by law, the judge of the circuit court for the county in which said lands
or tenements may be situate, or if situate in the city of Baltimore, the
judge of the circuit courts or of the superior court of Baltimore city
shall, on application in writing, to be verified by the affidavit of the
purchaser or his attorney, unless good cause to the contrary be shown
by the party or parties in actual possession, as aforesaid, his or their
agents or attorneys, or other persons concerned, within not less than
fifteen days nor more than thirty days from the filing of such appli-
cation, as aforesaid, issue a writ in the nature of a writ of liabere facias
possessionem reciting therein the proceedings which may have been had
in said process, thereby commanding the sheriff of the county, coroner
or elisor to deliver possession of the said lands or tenements to the
purchaser thereof, and in cases of sales made by virtue of power con-
tained in wills, the judge shall grant such writs, if it appear on such
application that the contract of tenancy entered into between the devisor
and tenant in possession has expired, and in cases where the purchaser
has entered into an agreement with the person in actual possession of