368 ARTICLE 9

by virtue of two non ests returned prior to the amendment. Steuart v. Chappell, 100
Md...638.

A non-resident may be proceeded against under this section. Steuart v. Chappell,
98 Md. 530; Barney v. Patterson, 6 H. & J. 199.

A variance between the account filed at the time of issuing the attachment and
that filed with the original declaration, is immaterial. Steuart v. Chappell, 98 Md. 530.

The lapse of a term between the award of the attachment and its issue, though an
irregularity, is not fatal. An attachment under this section may be sued out of the
United States circuit court in the name of the United States. Boarman v. Patterson,
6 H. & J. 182.

Attachments Against Adult Non-Resident Heirs and Devisees.

An. Code, 1924, sec. 26. 1912, sec. 26. 1904, sec. 26. 1888, sec. 25. 1794, ch. 54, sec. 7.

26. If any person of full age residing out of this State, is entitled by
descent or devise to any lands or tenements lying in this State, and the per-
son from whom such lands descended or by whom the same were devised
was indebted to any person, the court in which any suit against such heir
or devisee may be instituted may award an attachment against the lands
and tenements of such heir or devisee, held by descent or devise from the
person so indebted, in the same manner and to have the same effect as at-
tachments awarded against other persons residing out of the State.
See notes to sec. 36.

Sales of Attached Property.

An. Code, 1924, sec. 27. 1912, sec. 27. 1904, sec. 27. 1888, sec. 26. 1839, ch. 39, sec. 1.

1876, ch. 254. 1892, ch. 642.

27. Any of the courts of this State in which any attachment suit is
pending either on original or appellate jurisdiction, or any judge thereof
in vacation, may order a sale of any property which may be levied on by
virtue of such attachment whenever the court or judge may deem such sale
expedient and for the better promotion of the ends of justice, on such terms
and notice as the order may prescribe, and such sale may be ordered before
or after the return of the attachment, and the proceeds of such sale after
the payment of the expenses incident thereto, shall be paid into court and
deposited with the clerk, subject to the order of the court on the final deci-
sion of the case.

The proceeds of sale remain subject to all liens and claims precisely as the property
was. Hall v. Richardson, 16 Md. 410; O'Brien v. Norris, 16 Md. 130.

Cited but not construed in Turner v. Lyttle, 59 Md. 206.

This section referred to in construing sec. 46. See notes thereto. Sanitary Grocery
Co. v. Soper, 146 Md. 134.

Amendments.

An Code, 1924, sec. 28. 1912, sec. 28. 1904, sec. 28. 1888, sec. 27. 1845, ch. 54.
1846, chs. 324-328. 1888, ch. 507. 1898, ch. 44.

28. The affidavit, short note, declaration, voucher, pleadings, inter-
rogatories, claim of property and all other papers in attachment proceed-
ings may be amended in the same manner and to the same extent as the
proceedings in any other suits or actions at law, so that all attachment cases
may be tried on their real merits and the purposes of justice subserved;
nor shall any attachment proceedings be quashed or set aside for any defect
in mere matter of form.

The voucher may be amended; no appeal from an order of court allowing such
amendment. Booth v. Calahan, 97 Md. 317; Kendrick v. Warren, 110 Md. 74. And
see De Beam v. De Beam, 119 Md. 429; Sugar Products Co. v. Kitzmiller, 137 Md. 652.

Prior to the act of 1898, ch. 44, the affidavit could not be amended in any sub-
stantial particular. Blair v. Winston, 84 Md. 361; Halley v. Jackson, 48 Md. 260.