McMechen v. Marman
Court of Appeals of Maryland
Appeal from Frederick county court. This-was an application by the appellant, for a writ of habere facias possessionem, under the act of 1825, eh. 103. In his petition which was filed on the 4th of November, 1834, he stated, that he became the purchaser of certain lots in the City of Frederick, on the 16th of May, 1834, at a sheriff’s sale made to satisfy two judgments rendered against one Solomon Rank, at February and October terms, 1833. That since his purchase, he had…
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Appeal from Frederick county court. This-was an application by the appellant, for a writ of habere facias possessionem, under the act of 1825, eh. 103. In his petition which was filed on the 4th of November, 1834, he stated, that he became the purchaser of certain lots in the City of Frederick, on the 16th of May, 1834, at a sheriff’s sale made to satisfy two judgments rendered against one Solomon Rank, at February and October terms, 1833. That since his purchase, he had demanded possession of the defendant, who held the same by title subsequent to the dates of the judgments, but refused to…
1Opinion of the CourtDoesey, Judge
In shewing cause against the issuing of the hab. fac. poss. six grounds have been assigned by the appellee; the 5th and 6th of which appear to have been abandoned in the argument, and we are not aware of any thing in the record, upon which they could have been sustained. The third ground we deem wholly untenable. Equitable estates being primarily liable to sale under a fieri facias, in the same manner that legal estates are, and there being nothing in the transaction, from which the court could impute fraudulent, or improper motives to any person concerned in the levy and sale that has been…
2Cited by3 opinions
- Washington Fire Insurance v. KellyCourt of Appeals of Maryland · 1870
- Mizen v. ThomasCourt of Appeals of Maryland · 1929
- Schaefer v. Amicable Permanent Land & Loan Co.Court of Appeals of Maryland · 1880