1906

SALES AND NOTICES.

[ART. 83

86. Rescision by seller; notice. 87. Action by buyer for conversion, etc. 88. Action by buyer for non-delivery ; damages. 89. Decree for specific performance. 90. Eights and remedies of buyer in case of breach of warranty; dam- ages. 91. Interest and special damages; money paid.

Chapter VI. 92. Implication of law may be nega- tived; custom. 93. Enforcement of right, duty, etc., de- clared by uniform sales act. 94. Cases not provided for in said act. 95. Construction of act. 96. Application of act, limited. 97. Definition of terms. 98. No retroactive operation. 99. Cited as uniform sales act.

Sales Under Execution.

1904, art. 83, sec. 1. 1888, art. 83, sec. 1. 1860, art. 83, sec. 1. 1810, ch. 160, sec. 1.
1. Any sheriff or other officer to whom any execution may be
directed may seize and expose to sale any legal or equitable estate or
interest which the defendant named in such writ may have or hold
in any lands, tenements or hereditaments.

Executions.

Property held as tenants by the entirety can not be seized and sold on a
judgment against the husband. Judgments create liens on land only because
it is liable to be seized and sold upon execution. Jordan v. Reynolds, 105 Md.
294; Coombs v. Jordan, 3 Bl. 284.

Where real estate is devised to a trustee to collect the income and pay it
"into A's hands and not into another, whether claiming by his authority or
otherwise," such income can not be reached in the hands of the trustee by
creditors of the cestui que trust. Smith v. Towers, 69 Md. 77. (See, how-
ever, dissenting opinion, page 98).

Where an officer sells under an execution, he must first effect an actual
seizure. The land seized must be so described that it may be ascertained
and located, otherwise the seizure and sale are void. Dorsey v. Dorsey, 28
Md. 393.

A valid fi. fa. upon an absolute judgment against an administrator or
executor can be levied under this section upon his lands, as well as upon
his goods and chattels. Beall v. Osbourn, 30 Md. 11.

The equitable interest of a Judgment debtor in a term for years is liable to
seizure and sale by analogy to this section. An equitable estate in personal
chattels is not so liable at law. Shryock v. Morris, 75 Md. 79. And see
Hollida v. Shoop, 4 Md. 475.

Prior to this section equitable interests were liable in equity to be sold for
debt. Miller v. Allison. 8 G. & J. 38.

Prior to this section the interest of a mortgagor in lands was liable to be
attached, condemned and sold under a ft. fa. Ford v. Phllpot, 5 H. & J. 312.

Generally.

This section can not be nullified by an injunction at the instance of a
senior lieu holder. Union Bank v. Poultney, 8 G. & J. 333.

This section held to be applicable to a sale made before its passage, but
ratified thereafter. Coombs v. Jordan, 3 Bl. 322.

Cited but not construed in Wright v. Ryland, 92 Md. 661 (dissenting opin-
ion); Tuck v. Calvert, 33 Md. 222; Hall v. Jones. 21 Md. 446; Watkins v.
Dorsett, 1 Bl. 533; Morsell v. First National Bank, 91 U. S. 361; Smith v.
McCann, 24 How. 398; VanNess v. Hyatt, 13 Pet. 294.

See notes to sec. 2.

As to the preference of taxes in the proceeds of sales by ministerial officers,
see art. 81, sec. 68.

See art. 26. sec. 20; art. 52, sec. 56, et seq., and art. 87, sec. 12, et seq.