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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 621   View pdf image (33K)
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CHANCERY 621

An. Code, 1924, sec. 205. 1912, sec. 190. 1904, sec. 181. 1888, sec. 168. 1773, ch. 7, sec. 3.
1785, ch. 72, secs. 19, 20, 25, 26. 1818, ch. 193, sec. 4,

211. The court may, for the purpose of executing a decree, or to com-
pel the defendant to perform and fulfill the same, issue attachment of con-
tempt, attachment with proclamations and sequestration against the de-
fendant, and may order an immediate sequestration of the real and per-
sonal estate and effects of the defendant, or such parts thereof as may be
necessary to satisfy the decree and clear the contempts, or may issue a
fieri facias against the lands and tenements, goods and chattels of the de-
fendants, to satisfy the said decree, or may issue an attachment by way
of execution against the lands, tenements, goods, chattels and credits of the
defendant, to satisfy the said decree; or the court may cause, by injunction,
the possession of the estate and effects whereof the possession or a sale is
decreed to be delivered to the plaintiff, or otherwise, according to the tenor
and import of such decree, and as the nature of the case may require; and
in case of sequestration, the court shall order payment and satisfaction to
be made out of the estate and effects so sequestered, according to the true
intent and meaning of the decree; and in case any defendant shall be
arrested and brought into court upon any process of contempt issued to
compel the performance of any decree, the court may, upon motion, order
such defendant to stand committed, or may order his estate and effects to
be sequestrated, and payment made as above directed, or possession of his
estate and effects to be delivered by injunction as above directed, until such
decree or order shall be fully performed and executed, according to the
tenor and true meaning thereof, and the contempt cleared; but where the
decree only directs the payment of money, no defendant shall be impris-
oned, and process of commission of rebellion and sergeant-at-arms are
abolished.

This section referred to in deciding that a decree of a court of equity is a lien on the
defendant's lands similar to that of a judgment at law. Election given a plaintiff by
this section. Coombs v. Jordan, 3 Bl. 321.

This section shows that the process of sequestration still exists. The act of 1818, ch.
193, dispensed with demand or notice of the decree before issuing process thereon as
required by the act of 1785, ch. 72. Keighler v. Ward, 8 Md. 264; McKim v. Odom,
3 Bl. 425. As to the writ of sequestration, cf. Buckingham v. Peddicord, 2 Bl. 451.

The act of 1785, ch. 72, sec. 26, abolished the process of commission of rebellion and
sergeant-at-arms. Deale v. Estep, 3 Bl. 437. And see Keighler v. Ward, 8 Md. 264;
Buckingham v. Peddicord, 2 Bl. 451...

For cases dealing with the jurisdiction of the high court of chancery under this
section, see Cape Sable Co.'s Case, 3 Bl. 668; Binney's Case, 2 Bl. 145.

For a case apparently now inapplicable by reason of changes in the law, see Watkins v.
Dorsett, 1 Bl. 535.

Cited by not construed in Crapster v. Griffith, 2 Bl. 14; Watkins v. Watkins, 1 Bl. 359;
McKomb v. Kankey, 1 Bl. 363.

Aa to fine and commitment for contempt, see sec. 194.

A decree for separate maintenance, entered in California in pursuance of agreement
between husband and wife, is not decree for alimony but for support, which, if entered
here, could not be enforced by attachment for contempt, but is a debt, which, if en-
tered here, may be enforced by some other remedy than by attachment. Bauernschmidt
v. Safe Dep. & Tr. Co., 176 Md. 351.

See notes to art. 3, sec. 38, of Constitution. This section may be relied upon to en-
force money decree; case remanded for further proceedings under this section. Dickey v.
Dickey, 154 Md. 681.

Cited but not construed in Bushman v. Bushman, 157 'Md. 174.

Cited in Bauernschmidt v. Safe Dep. & Tr. Co., Daily Record, Apr. 11, 1939.

See notes to sec. 86.

An. Code, 1924, sec. 206. 1912, sec. 191. 1904, sec. 182. 1888, sec. 169. 1886, ch. 321.

212. All orders may be enforced by such process as might he had upon
a judgment or decree to the like effect; and the payment of costs adjudged


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 621   View pdf image (33K)
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