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of article seventy-five of the Code of Public
General Laws, relating to Pleadings, Practice
and Process, as amended by chapter two hun-
dred and eighty-three of the acts of January
session of eighteen hundred a.nd sixty-four,
and as repealed and re-enacted and amended by
chapter one hundred and forty-one of the acts
of the January session, eighteen hundred and
seventy-eight, be and the same is hereby re-
pealed and re-enacted so as to read as follows:
SECTION 64. Whenever any lands or tenements
shall be sold by any Sheriff, Constable, Coroner
of 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 appoint-
ment 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 per-
son under any power in a will, and the debtor
named in such execution or decree, the insol-
vent 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 land and tenements
sold, and shall fail or refuse to deliver pos-
session of the same to the purchaser thereof,
excepting, however, case of tenancies created
in the lifetime of the devisor, which shall be
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Repealed and
re-enacted-
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fulfiled, as now allowed by law, the Judge of
the Circuit Court of 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, or of the Superior Court of
Baltimore city, 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 or parties in
actual possession as aforesaid, his or their
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Possession
under deed of
trust.
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