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The Maryland Code, Public General Laws, 1888
Volume 389, Page 1139   View pdf image
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ART. 75.] PRACTICE—POSSESSION, WRIT OF. 1139

such person to remain in possession for a limited period, the judge
shall grant the said writ, if it appears in said application that the
period limited by such agreement between the purchaser and the
person in possession has expired.

Clarke v. Belmear, 1 G & J. 443. Gowan v. Sumwalt, 1 G. & J. 511. Waters
v. Duvall, 6 G. & J. 76. McMechen v. Morman, 6 G. & J. 57. Penn v. Isher-
wood, 5 Gill, 206. Dorsey v. Campbell, 1 Bl. 356. McComb v. Kankey, 1 Bl.
363 (note). Nelson v. Turner, 2 Md. Ch. 73. Turner's Admr. v. Waters, 14
Md. 62. Cook v. Brice, 20 Md. 397. Applegarth v. Russell, 25 Md. 317.
Morrill B. Gelston, 32 Md 116. Miller v. Wilson, 32 Md. 297. Dill v. Batter-
field, 34 Md. 52. Meloy v. Squires, 42 Md. 383. Griffith v. Hammond, 45 Md.
88. Nutwell v. Nutwell, 47 Md. 50. Schaefer v. A. P. L. Co., 53 Md. 88.

P. G. L., (1860,) art. 75, sec. 65. 1825, ch. 103, sec. 2.

89 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.

Ibid sec. 66. 1831, ch. 41.

90. If the said sheriff, coroner or elisor shall die, resign or be
removed 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 succeed-
ing 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 removed 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 succeed-
ing sheriff, coroner or elisor.

Ibid. sec. 67. 1831, ch. 290, sec. 5.

91. 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 pro-
ceedings 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.

 

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The Maryland Code, Public General Laws, 1888
Volume 389, Page 1139   View pdf image
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