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Session Laws, 1997
Volume 795, Page 646   View pdf image
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Ch. 31

1997 LAWS OF MARYLAND

THE ABSENCE OF AN INSTRUMENT DESCRIBED IN SUBSECTION (A) OF THIS
SECTION MUST BE SUFFICIENTLY ACCOUNTED FOR UNDER THE RULES OF
EVIDENCE TO ALLOW THE INTRODUCTION OF SECONDARY PROOF OF THE
CONTENTS OF THE INSTRUMENT AT THE TRIAL.

(C) BOND REQUIRED.

(1) A JUDGMENT MAY NOT BE ENTERED FOR THE PLAINTIFF IN A SUIT
DESCRIBED IN SUBSECTION (A) OF THIS SECTION UNTIL A SUFFICIENT BOND HAS
BEEN FILED IN THE SUIT BY THE PLAINTIFF.

(2) THE BOND SHALL PROVIDE FOR THE PENALTY AND SURETY
APPROVED BY THE COURT, AND CONDITIONED ON HOLDING THE DEFENDANT
HARMLESS ON SATISFACTION OF THE JUDGMENT BY THE DEFENDANT AS IF THE
MISSING INSTRUMENT WERE THEN PRODUCED AND SURRENDERED TO THE
DEFENDANT.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 75, § 4.

11-103. SUITS AGAINST JOINT DEBTORS.

IN A CONTRACT ACTION BROUGHT AGAINST ALLEGED JOINT DEBTORS:

(1) THE PLAINTIFF NEED NOT PROVE THEIR JOINT LIABILITY AS
ALLEGED IN ORDER TO MAINTAIN THE ACTION;

(2) THE PLAINTIFF MAY RECOVER AS IN ACTIONS IN TORT AGAINST
ONE OR MORE OF THE DEFENDANTS WHO ARE SHOWN BY THE EVIDENCE TO BE
INDEBTED TO THE PLAINTIFF; AND

(3) JUDGMENT SHALL BE ENTERED IN THE PLAINTIFF'S FAVOR
AGAINST ONE OR MORE OF THE DEFENDANTS AS FULLY AS IF THE DEFENDANT OR
DEFENDANTS AGAINST WHOM THE PLAINTIFF FAILS TO ESTABLISH A CLAIM HAD
NOT BEEN JOINED IN THE SUIT.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 50, § 8.

11-111. ORDER OF EXECUTION OF DEED.

(A) EXECUTION OF DEED.

IF A COURT ORDERS THAT A DEED OF ANY KIND SHALL BE EXECUTED, IT MAY
APPOINT A TRUSTEE TO EXECUTE THE DEED.

(B) EFFECT OF DECREE.

UNTIL THE TRUSTEE EXECUTES A DEED, THE DECREE:

(1) IF PASSED IN THE COUNTY WHERE THE LAND LIES, HAS THE SAME
EFFECT AS AN EXECUTED DEED; AND

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Session Laws, 1997
Volume 795, Page 646   View pdf image
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