2840 ARTICLE 75

Measure of Damages for Abstracting Minerals from Plaintiff's Land.

An. Code, 1924, sec. 98. 1912, sec. 92. 1904, sec. 92. 1894, ch. 287, sec. 87A.

98. In the absence of fraud, negligence or wilful trespass, the measure
of damages for the wrongful working and abstracting of another's min-
erals is the value of the minerals in their native state, before severance,
to the person from whose property they were taken at the time of the tak-
ing; but if one furtively or in bad faith works and abstracts minerals
from the land of another, the party so offending may be charged with the
whole value of the minerals taken and allowed no deduction in respect
of his labor and expenses in getting them.

Measure of damages prior to this section for wrongful trespass upon plaintiff's lands,
and mining and carrying away his coal. This section does not relieve parties guilty
of negligence from measure of damages fixed by prior decisions. Measure of damages
not affected by proceeding being in equity. Evidence shows negligence on part of de-
fendant. Bill and answer in equity. Mt. Savage George's Creek Coal Co. v. Monahan,
132 Md. 660. Strathmore Mining Co. v. Bayard C. & C. Co., 139 Md. 371. (Action
of ejectment; prayers, see notes to sec. 76.)

Cited but not construed in Castleman v. Du Val, 89 Md. 659.

Possession—Writ of.

An. Code, 1924, sec. 99. 1912, sec. 93. 1904, sec. 93. 1888, sec. 88. 1825, ch. 103, sec. 1.
1864, ch. 283. 1878, ch. 141. 1886, ch. 504. 1890, ch. 635, ch. 310.

99. Whenever any lands or tenements shall be sold by any sheriff,
constable, coroner, or elisor by virtue of any process or execution from
any court or justice of the peace of this State, or by any trustee under the
decree of any court of this State, by any trustee by appointment of an
insolvent court, by any trustee under any voluntary deed of trust, by any
mortgagee under any power in any mortgage, by any executor or executors
or any other person under any power in a will., and the debtor named in
such execution or decree, his widow or heirs who are parties to the pro-
ceedings in which such execution was issued or such decree passed, the
insolvent grantor or mortgagor in said deed of trust or mortgage, or any
person holding under said debtor, insolvent, grantor or mortgagor by title
subsequent to the date of the judgment, decree, insolvent proceedings,
deed of trust of mortgage respectively, or any person claiming under the
devisor of said will, shall be in actual possession of the lands and tene-
ments sold and shall fail or refuse to deliver possession of the same to
the purchaser thereof, excepting, however, cases of tenancies created in
the lifetime of the devisor, which shall be fulfilled as now allowed by law,
the judge of the circuit court for the county in which said lands or tene-
ments may be situate, or if situate in the city of Baltimore, the judge of
the circuit courts or of the superior court of Baltimore City shall, on ap-
plication in writing, to be verified by the affidavit of the purchaser or his
attorney, unless good cause to the contrary be shown by the party or par-
ties in actual possession, as aforesaid, his or their agents or attorneys, or
other persons concerned, within not less than fifteen days nor more than
thirty days from the filing of such application, as aforesaid, issue a. writ
in the nature of a writ of habere facias possessionem reciting therein the
proceedings which may have been had in said process, thereby command-
ing the sheriff of the county, coroner or elisor to deliver possession of the
said lands or tenements to the purchaser thereof, and in cases of sales
made by virtue of power contained in wills, the judge shall grant such
writs, if it appear on such application that the contract of tenancy en-
tered into between the devisor and tenant in possession has expired, and