ART. 75] POSSESSION——WRITS OF. 497

Possession—Writs of.

1890, ch. 635.

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 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
tenancies 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 it situate in the city of Baltimore, the judge of the Circuit
Court, the Superior Court, the Court of Common Fleas or the Bal-
timore City Court shall on application in writing to be verified by
the affidavit of the purchaser or his attorney, unless good cause
to the contrary 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, there-
by commanding the sheriff of the county, coroner or elisor to
deliver possession of the said lands and tenements to the pur-
chaser 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