ART. 83] SALES UNDER EXECUTION. 1907

1904, art. 83, sec. 2. 1888, art. 83, sec. 2. 1860, art. 83, sec. 2. 1794, ch.60,
sec. 10. 1810, ch. 160, sec. 2.

2. Any person who shall purchase any equitable estate or interest
in any lands, tenements or hereditaments which may be sold under the
preceding section shall be entitled, upon payment of the purchase
money, to an assignment or conveyance of such equitable interest, to be
made by the sheriff or other officer making such sale, and shall in
consequence of such purchase and assignment or conveyance stand as to
title and be entitled to such remedy against all persons and in all cases
as the person whose title he may purchase.

If the title be one which includes possession, the writ of habere facias pos-
sessionem is applicable. The purchaser takes subject to any right of posses-
sion or title which antedates the judgment upon which execution is issued.
Deakins v. Rex, 60 Md. 595. See also, Cooke v. Brice, 20 Md. 400; Richardson
v. Stllllnger, 12 G. & J. 477; McMechen v. Marman, 8 G. & J. 57.
This section applied. Shryock v. Morris, 75 Md. 80.
See notes to sec. 1.

Ibid. sec. 3. 1888, art. 83, sec. 3. 1860, art. 83, sec. 4. 1813, ch. 102,

sec. 7. 1816, ch. 129. 1831, ch. 290, sec. 1.

1833, ch. 92.

3. The legal notice required to be given by any sheriff, coroner or
eliaor of the sale of any goods or chattels, under any execution, shall be
by advertisement set up at least ten days before the sale at the court-
house door of the county or city and at least two other public places
most convenient to such goods and chattels; and in case of lands or
tenements, notice of the sale shall be given by advertisement set up at
least twenty days before the day of sale at the court-house door of the
county or city and also published for the same period of time previous
to the day of sale in one newspaper, if any, published in said county
or city. Notice of a constable's sale of goods and chattels under any
execution shall be given by advertisement set up at least ten days
before the sale at two public places at least most convenient to such
goods and chattels.

The provision of this section with reference to a notice of ten days, as well
as the supposed requirement that the sale shall be made within the county
where the goods are located when seized, have no application to perishable
goods. In such case the sheriff should apply to the court for authority to
make immediate sale at the most advantageous place. Arnold v. Fowler, 94
Md. 509.

As to a sufficient compliance with the notice required by the act of 1816, ch.
129, and also as to the place where the sale should be made, see Nesbitt v.
Dallam, 7 G & J. 510. See also, White v. Malcolm. 15 Md. 543; Moreland v.
Bowling, 3 Gill, 503; Hanson v. Barnes, 3 G. & J. 368.

For cases apparently now inapplicable to this section by reason of changes
in the law, see Koechlept v. Hook, 10 Md. 178; Candler v. Fisher, 11 Md.
337.

Ibid. sec. 4. 1888, art. 83, sec. 4. 1860, art. 83, sec. 5. 1828, ch. 187.

4. If the editor of a newspaper in any county shall refuse or neglect
to publish, on application to him by the sheriff, coroner, elisor or other
officer, the notice required to be given by such officer for the sale of
lands or tenements, the same may be given by advertisement set up at