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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 558   View pdf image (33K)
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558 ARTICLE 17.

able by the party in whose favor they shall have been awarded shall be like-
wise transcribed and entered; and the said books shall be truly and regu-
larly paged and alphabetically indexed with the names of plaintiffs and
defendants, and the whole completed before the ensuing term of the court.
Proceedings for the sale of mortgaged property, must be recorded so as to put
any person dealing with the subject matter upon notice. Sanders v. McDonald,
63 Md. 510.

In view of this section and sec. 23, any person dealing with the subject matter of
a decree for the sale of real estate, must be taken to have notice of the legal import
and operation of all the proceedings. Sanders v. McDonald, 63 Md. 510.

The failure to enter a judgment on the original trial docket before entry thereof
in accordance with this section, is nothing more than a clerical error which the
court will correct upon application. It is no ground for striking out the judg-
ment. Bond v. Citizens' Bank, 65 Md. 499.

The records of courts are public property, and if they are not properly made up
or preserved, the state must supply the defect, and the bond of the clerk is liable.
State v. Wayman, 2 G. & J. 282.

Where the case is not terminated this section does not apply. State v. Logan,
33 Md. 9.

An. Code, sec. 20. 1904, sec. 20. 1888, sec. 19. 1845, ch. 254, secs. 1, 2.

22. The said clerks shall also transcribe and enter the docket entries
of every execution which shall be entered satisfied or otherwise finally
settled, and also the docket entries of every execution or other final proc-
ess under which any personal property shall have been seized or taken,
together with a copy of the schedule or schedules accompanying such exe-
cution, and the sheriff's return thereon, regularly paged and indexed as
directed in the preceding section; and for the services required in this
and the preceding section, the clerk shall be entitled to twenty-five cents
for each suit or action, to be taxed in the bill of costs against the plaintiff,
or in the additional costs of said execution, and endorsed thereon.

An. Code, sec. 21. 1904, sec. 21. 1888, sec. 20. 1817, ch. 119, sec. 8. 1882, ch. 469.

23. The said clerk shall also, in well-bound books, make up and com-
plete a record of the proceedings in every case where the title to real estate
has been decided by decree, judgment or award, and in all cases where any
lands or tenements have been seized and sold under executions, together
with the several returns to such executions; and the records of all such
decrees, judgments, papers and proceedings shall be made up at full length,
and in the manner before required, within the term of six months from the
time when the same shall be finally rendered, made and completed; and
where any sale of lands or tenements shall be made under two or more
writs of execution, it shall be sufficient to make up the record only of the
elder of said judgments, with the execution, return and sale under such
writ; and of each of the other judgments there shall be embraced in said
record only a short copy, and only the docket entries of the writs of execution
thereon, respectively; and no clerk shall record any decree or judgment
except such as relates to the title to land, or those under which lands have
been sold in virtue of an execution thereon.

In view of this section and sec. 21, any person dealing with the subject matter
of a decree for the sale of real estate, must be taken to have notice of the legal im-
port and operation of all the proceedings. Sanders v. McDonald, 63 Md. 510.

 

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The Annotated Code of the Public General Laws of Maryland, 1924
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