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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 1065   View pdf image (33K)
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COURTS 1065

A judgment is a lien upon an equitable interest in a chattel real or term of years.
Wright v, Ryland, 92 Md. 661 (dissenting opinion). See also Shryock v. Morris, 75
Md. 78; Bish v. Williar, 59 Md. 387.

Where a mortgage is recorded within six months, it has precedence over a judgment
against the mortgagor, entered between date of mortgage and date of its record, the
judgment being a lien only on equity of redemption Knell v. Green St. Bldg. Assn.,
34 Md. 70.

This section refers to final judgments alone. Davidson v. Myers, 24 Md. 556.

A judgment creditor who allows a term of years to expire before selling under an
execution, loses the benefit of his lien. Stockett v. Howard, 34 Md. 127.

See art. 5, sec. 77, and notes to art. 17, sec. 9.

An. Code, 1924, sec. 20. 1912, sec. 20. 1904, sec. 20. 1888, sec. 20. 1785, ch. 80. 1823,

ch. 194, 1843, ch. 40. 1862, ch. 262. 1874, ch. 320. 1884, ch. 178.

1888, ch. 421. 1890, ch. 114.

21. On all judgments or decrees in any court of law or equity, and
on all judgments of justices of the peace recorded in the clerk's office of
any court of law, an execution or attachment may issue out of such court
or by the clerk thereof, at any time within twelve years from the date of the
judgment or decree, or the said judgment or decree may be otherwise pro-
ceeded with within twelve years from its date; and in case of the death
of any plaintiff in any such judgment, the executor, administrator or other
person entitled to the judgment or decree shall, on application to the clerk
of the court having control of the docket whereon such judgment or decree
is entered or recorded, be made a party to the same by suggesting the death
of the plaintiff in writing, and causing his name to be inserted in the place
of said plaintiff or his legal representatives, and have execution or attach-
ment as the plaintiff might have had if no such death had taken place; and
in the case of the marriage of a female plaintiff in any such judgment or
decree, she may suggest in writing her said marriage, and have execution
or attachment thereon, in her new name acquired by such marriage; and '
in case of the death or marriage of any of the defendants in any judgment or
decree herein mentioned, the plaintiff in any such judgment or decree shall,
at any time within twelve years from the date of the judgment or decree,
upon a suggestion supported by affidavit of the death or marriage of any of
said defendants, be entitled to have an execution or attachment issued
against the defendant still alive, and such execution or attachment may be
laid on any goods, chattels, lands and tenements of any of said remaining
defendants; provided, that at any time before the expiration of twelve
years from the date of any such judgment or decree, or in case of the death
or marriage of any defendant in the judgment, the plaintiff shall have the
right to have a writ of scire facias to renew or revive the same, and no
judgments of justices of the peace duly recorded in the clerk's office, such
writ of scire facias may be issued out of the superior court of Baltimore
city, or the circuit court for the county, as the case may be, as if said judg-
ment had been originally rendered by said court, and on all such judgments
or decrees the plaintiff may have more than one attachment or execution to
be laid in the hands of different persons, or levied on other property or
effects than that taken under the first, though the first be still outstanding;
provided, that but one satisfaction of the debt or demand shall be made,
and that it shall be in the discretion of the court in all such cases, whether
any costs, and if any, what amount of costs shall be allowed on the subse-
quent attachments or other executions; the provisions of this section shall
apply also to attachments or executions directed to a county different from
that where the judgment or decree was rendered, or to or from the city of
Baltimore.


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 1065   View pdf image (33K)
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