ART. 75] WRIT OF POSSESSION. 1679

This section entitles a purchaser to the writ where a sale has been made
under a power contained In a mortgage. Where the party in possession
excepts to the sale and his exceptions are overruled, he can not raise the same
objections upon an application for the writ of habere. The fact that the sale
was made by the assignee of the mortgage, does not defeat the purchaser's
right to the writ. Dill v. Satterfield, 34 Md. 53.

Proceedings held to be in conformity with this section. Sundry alleged
irregularities connected with the sale and the sheriff's return, held to be no
defense to an application for the writ of habere. An agreement between the
party in possession and a third party made after the seizure and sale, does
not defeat the writ. Miller v. Wilson, 32 Md. 298.

This section operates in favor of the purchaser of an equitatble estate, as
well as of a legal estate. McMechen v. Marman, 8 G. & J. 73.

Where pending an application for a writ of habere, the purchaser of land
dies, his right to the writ does not devolve upon his administrators. Turner
v. Waters, 14 Md. 62.

The act of 1825, ch. 103, held applicable where lands were taken in execu-
tion prior to its adoption, but sold thereafter. Clark v. Bealmear, 1 G. &
J. 449.

1904, art. 75, sec. 94. 1888, art. 75, sec. 89. 1860, art. 75, sec. 65.
1825, ch. 103, sec. 2.

94. The said sheriff, coroner or elisor shall have all the powers in
the execution of said writ that he may have in the execution of any
writ of habere facias possessionem to him directed.

Ibid. sec. 95. 1888, art. 75, sec. 90. 1860, art. 75, sec. 66. 1831, ch. 41.

95. If the said sheriff, coroner or elisor shall die, resign or be
removed from or disqualified for office, or have his authority otherwise
terminated after such sale, and before the writ in the nature of a writ
of habere facias possessionem shall have been issued and executed, the
court shall issue said writ to any succeeding sheriff, coroner or elisor:
and if any such officer, to whom said writ is directed, or who is charged
with, or on whom may devolve the execution of such writ, shall die,
resign, be removed from or disqualified for office, or have his authority
otherwise terminated before such writ shall be finally executed and
returned, said writ shall be delivered to and executed and returned by
any succeeding sheriff, coroner or elisor.

This section applied. Penn v. Isherwood, 5 Gill. 212.

Ibid. sec. 96. 1888, art.75, sec. 91. 1860, art. 75, sec. 67.
1831, ch. 290, sec. 5.

96. The provisions of the three preceding sections shall apply to
sales made by sheriffs, upon executions issued by the clerk upon judg-
ments rendered by justices of the peace, and duly recorded; and the
said writ may be issued by the court to which the proceedings as to
such sales shall be returned, as if the execution under which such sales
shall have been made had issued from such court on a judgment therein
recovered.

As to the record of magistrates' judgments, see art. 52, sections 40 and 41.

Ibid. sec. 97. 1888, art. 75, sec. 92. 1860, art. 75, sec. 68. 1846, ch. 152.

97. No application for a writ of habere facias possessionem under
this article shall abate by reason of the death of the purchaser before