1138 PLEADINGS, PRACTICE AND PROCESS AT LAW. [ART. 75.

Possession Writ of.

P. G. L., (1860,) art. 75, sec. 64. 1825, ch 103, sec. 1. 1864, ch. 283. 1878, ch. 141,

1886, ch. 504.

88. 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 any 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, 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
or mortgage, respectively, or any person claiming under the
devisor of said will, shall be in actual possession of the lands and
tenements sold, and shall fail or refuse to deliver possession of the
same to the purchaser thereof, excepting, however, case of tenan-
cies 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 tenements may be situate, or if
situate in the city of Baltimore the judge of the circuit court, the
superior court, the court of common pleas, or the Baltimore city
court shall, on application in writing, to be verified by the affidavit
of the purchaser, or his attorney, unless good cause to the con-
trary be shown by the party in actual possession as aforesaid,
his agents or attorneys, or other persons concerned, within
not less than fifteen days or 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
commanding the sheriff of the county, coroner or elisor, to deliver
possession of the said lands and 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 entered into between the devisor and
tenant in possession has expired; and in cases where the purchaser
has entered into an agreement with the person in actual possession
of such lands and tenements at the time of such sale to permit