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Session Laws, 1794
Volume 646, Page 61   View pdf image
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JOHN H. STONE, Efquire, Governor.

1794.

■XV. And be it enacted, That any perfon or perions who fhall purchafe an
equitable title to lands under any decree of the chancellor paffed in virtue of the
provifions of this act, fhall be entitled, upon payment of the purchafe money
to an alignment or conveyance of fuch equitable intereft, to be made by the
truftee or truftees making fuch fale, and fhall, in confequence of fuch purchafe
and affignment, or conveyance, ftand, as to title, in the place of the perfon
dying feized and poffeffed as aforefaid, and entitled to fuch remedy in all cafes and
againft all perfons, as the perfon could.or might have had whofe title he, fhe or
they, may claim by virtue of fuch purchafe.

CHAP.
LX.

Perfons pur-
chafing to be
entitled, &c.

V. And be it enacted, That any creditor or creditors making application to
the chancellor as aforefaid, by bill or petition, may pray and obtain a fubpoena
againft the perfon or perfons having the legal title to the land whereof the de-
ceafed died feized or poffeffed, or to which he, fhe or they, had claim, under
the circumftances aforefaid; and in cafe the facts fet forth in the bill or petition,
to entitle the complainant or complainants to a decree as aforefaid, fhall be
eftablifhed to the fatisfaction of the chancellor, after the fummoning and hearing
of the perfon or perfons fo made defendant or defendants, or after fuch nroceed-
ings againft fuch defendant or defendants, as would entitle the complainant or
complainants to a decree in any other application for a decree for conveyance, in
cafe of the defendant or defendants being under age, or refiding out of the ftate,
or ftanding out the procels of the court, the chancellor, by his decree, may di-
rect the truftee appointed, to make fale, on the chancellor's ratification thereof,
and on receipt of the purchase money, by deed indented, acknowledged and re-
corded, agreeably to law, to convey to the purchafer or purchafers all the right,
title, intereft and eftate, which was in the perfon fo dying feized or poffeffed, or
to which he, fhe or they, had claim as aforefaid, and all the right, title; intereft
and eftate, of the perfon or perfons having the legal eftate in the land fold, and
made defendant or defendants as aforefaid; and the purchafer or purchafers fhall
thereupon be entitled to hold the land fo conveyed, free and difcharged from all
claim of any perfon claiming by defcent or devife under the perfon dying feized
or poffeffed, or claiming as aforefaid, and from all claim of fuch defendant or
defendants.

Creditors
making appli-
cation may
pray a fubpor-
na, &c.

VI. And be it enacted, That if any patent fhall hereafter iffue to any perfon
or perfons for lands which have efcheated or fhall efcheat to this ftate, and the
perfon whofe title to the faid lands became efcheatable died, or fhall die, leaving
debts unpaid which were contracted within this ftate, or with any of the citizens
thereof, it fhall and may be lawful for fuch creditor or creditors to file his, her
or their bill in chancery againft the ftate of Maryland, in which it fhall be fuf-
ficient to ftate the nature of his, her or their claim or demand, in like manner
as if the faid fuit was brought againft the original debtor, and upon his, her or
their ferving a fubpeona on the attorney-general, and eftablifhing the faid claim
according to the ufual courfe of the court in other cafes, fuch creditor or creditors
fhall be entitled to recover of the ftate his, her or their faid debt, if the money
received by the ftate for fuch efcheat title fhall have been equal to the fame, and
in cafe faid fum received by the ftate fhall be fhort of the faid debt or debts,
then fuch creditor or creditors fhall recover fo much thereof againft the ftate as
may or fhall have been received for fuch efcheat title, fo granted as aforefaid,
and in all fuch cafes the chancellor fhall caufe notice to be given, in fuch manner
as he fhall think proper, to the creditor or creditors of the faid deceafed perfon,
to make known their refpective claims, and lodge the fame with the regifter of
his faid court, and fubftantiate their refpective demands in fuch manner as he
fhall direct; and in cafe there fhall be more than one creditor who fhall bring
fuit as aforefaid againft the ftate, or upon fuch notice fhall produce and fub-
ftantiate his, her or their claim to the fatisfaction of the chancellor, and if the
money received by the ftate for the fale of fuch efcheat title fhall not be efficient
to pay and fatisfy the whole of fuch creditors, then and in fuch cafe it fhall and
may be lawful for the chancellor to apportion the fame among all fuch creditors,
according to the amount of their refpective claims.

Q VII. And

If patent fhall

iffue, &c. cre-

ditor may file

his bill, &c.



 
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Session Laws, 1794
Volume 646, Page 61   View pdf image
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