ATTACHMENTS 379

Attachment Before Maturity of Plaintiff's Claim.

An. Code, 1924. sec. 50. 1912, sec. 50. 1904, sec. 50. 1888, sec. 48. 1894, ch. 648.

50. Although the debt or obligation upon which the action is brought
may not have matured, the creditor may, nevertheless, proceed by attach-
ment, as heretofore provided, in the following cases: (1) When the debtor
absconds; (2) when he has assigned, disposed of or concealed or is about to
assign, dispose of or conceal his property or some part thereof, with intent
to defraud his creditors; (3) when he is about to abscond from this State;
(4) when he has fraudulently contracted the debt or incurred the obligation
respecting which the action is brought; or (5) when he has removed or is
about to remove his property, or some portion thereof, out of this State, with
intent to defraud his creditors. The date of the maturity of the debt or
obligation shall be set forth in the affidavit upon which the attachment is
to issue, and the plaintiff shall not be entitled to judgment either in the
short note or in the attachment case until after the maturity of the debt or
obligation.

For an attachment before the maturity of notes, see Johnson v. Stockham, 89 Md. 374.

Lien of State.

An. Code, 1924, art. 81, sec. 149. 1912, sec. 145. 1904, sec. 142. 1888. sec. 126. 1778, ch. 9,
sec. 6. 1874, ch. 483, sec. 137. 1878, ch. 237. 1929, ch. 226, sec. 51 (p. 722).

51. All lands and tenements belonging to any person indebted to this
State, after the commencement of a suit therefor against him shall be
liable to execution on any judgment or decree which may be rendered
against him in such suit, in whosesoever hands or possession the said lands
or tenements may be found; but where the debtor hath granted or may
hereafter grant any road, way or easement in or over any lands liable as
aforesaid, the rights accruing through or by such grant shall not be affected
by the preceding provisions of this section; provided, however, that all
existing rights of the State now vested shall not be in any way diminished
or released, except as herein provided.

Under act of 1778, ch. 9, as soon as suit is commenced by state, a lien is created on
lands of debtor which gives state a priority over all other creditors who had not, prior
to commencement of suit by the state, secured a lien by judgment, mortgage or other-
wise. State's prior claim upon proceeds of sale of land. Davidson v. Clayland, 1 H. & J.
547. And see Jones v. Jones, 1 Bl. 447; Hodges v. Millikin, 1 Bl. 515.

The lien given the state by this section may, and perhaps can only under any cir-
cumstances, be enforced at common law. Such lien cannot be called into action to sub-
serve purposes of an individual. Ridgely v. Iglehart, 3 Bl. 544.

As to right of preference of state in payment of debts under common law, see State v.
Bank, 6 G. & J. 205; Smith v. State, 5 Gill, 45; Green's Estate, 4 Md. Ch. 356; State v.
Baltimore, 10 Md. 504.