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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 2842   View pdf image (33K)
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2842 ARTICLE 75

Act of 1825, ch. 103, held applicable where lands were taken in execution prior to its
adoption, but sold thereafter. Clark v. Bealmear, 1 G. & J. 449.

This section referred to in applying art. 66, sec. 20. Smith v. Pritchett, 168 Md. 349;
Watson v. Loan Corp., 176 Md. 41.

Cited in Johnson v. Md. Trust Co., Daily Record, May 24, 1939; Watson v. Home
Owners Loan Corp., Daily Record, Jan. 24, 1939.

An. Code, 1924, sec. 100. 1912, see. 94. 1904, sec. 94. 1888, sec. 89. 1825, ch. 103, sec. 2.

100. The said sheriff, coroner or elisor shall have all the powers in
the execution of said writ that he may have in the execution of any writ of
habere facias possessionem to him directed.

Cited in Johnson v. Md. Trust Co., Daily Record, May 24, 1939.

An. Code, 1924, sec. 101. 1912, sec. 95. 1904, sec. 95. 1888, sec. 90. 1831, ch. 41.

101. If the said sheriff, coroner or elisor shall die, resign or be re-
moved from or disqualified for office, or have his authority otherwise
terminated after such sale, and before the writ in the nature of a writ of
habere facias possessionem shall have been issued and executed, the court
shall issue said writ to any succeeding sheriff, coroner or elisor; and if
any such officer, to whom said writ is directed, or who is charged with, or
on whom may devolve -the execution of such writ, shall die, resign, be re-
moved from or disqualified for office, or have his authority otherwise
terminated before such writ shall be finally executed and returned, said
writ shall be delivered to and executed and returned by any succeeding
sheriff, coroner or elisor.

This section applied. Penn v. Isherwood, 5 Gill, 212.

An. Code, 1924, sec. 102. 1912, sec. 96. 1904, sec. 96. 1888, sec. 91. 1831, ch. 290, sec. 5.

102. The provisions of the three preceding sections shall apply to
sales made by sheriffs, upon executions issued by the clerk upon judgments
rendered by justices of the peace, and duly recorded; and the said writ
may be issued by the court to which the proceedings as to such sales shall
be returned, as if the execution under which such sales shall have been
made had issued from such court on a judgment therein recovered.
As to the record of magistrates' judgments, see art. 52, secs. 42 and 43.

An. Code, 1924, sec. 103. 1912, sec. 97. 1904, sec. 97. 1888, sec. 92. 1846, ch. 152.

103. No application for a writ of habere facias possessionem under
this article shall abate by reason of the death of the purchaser before ob-
taining possession of the lands and tenements, but his heir or devisee shall
have all the rights and remedies therein given to the purchaser.

Preservation, Detention and Inspection of Property.

An. Code, 1924, sec. 104. 1912, sec. 98. 1904, sec. 98. 1888, sec. 93. 1886, ch. 317.

104. It shall be lawful for the court in any action at law or cause in
equity, or in any judicial proceeding, upon the application of any party
thereto, and on such terms as to it may seem just, to make any order for
the preservation, detention or inspection of any property being the subject
of such action, cause or proceeding, and for all or any of the purposes
aforesaid; to authorize any person or persons to enter upon or into any land
or building in the possession of any party to such action, cause or pro-
ceeding, and for all or any of the purposes aforesaid; to authorize any
samples to be taken, or any observations to be made, or experiment to be


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 2842   View pdf image (33K)
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