Hanson v. Barnes' Lessee
Court of Appeals of Maryland
Appeal from Charles County Court. Ejectment by the appellee, against the appellant, com-1 ¡menced on the 6th of March, 1826, for two tracts of land, called “Posey's Chance,'' and “Hopewell's Addition.'' 1. At the trial the plaintiff read in evidence a writ offieri facias, issued upon a judgment rendered at March term, 1824, at the suit of the State of Maryland, for the use of the plaintiff, against Samuel Hanson.
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Appeal from Charles County Court. Ejectment by the appellee, against the appellant, com-1 ¡menced on the 6th of March, 1826, for two tracts of land, called “Posey's Chance,'' and “Hopewell's Addition.'' 1. At the trial the plaintiff read in evidence a writ offieri facias, issued upon a judgment rendered at March term, 1824, at the suit of the State of Maryland, for the use of the plaintiff, against Samuel Hanson. The writ issued on the 28th of August, 1824, tested the day pre- , ceding, and was returnable to the then ensuing March, term of Charles County Coqrt, and the sheriff’s return as…
1Opinion of the CourtArcher, J.
It is supposed, that the death of the defendant, before a levy on the fieri facias, although it was issuéd, and in the hands of the sheriff before his death, would render a scire. *365facias against the heirs and ierre tenants necessary, and that the sale, made under a fieri facias thus issued, and thus levied, passed no title to the purchaser.
Whether the alienation of land to a bona fide purchaser, or its descent to the heir before any steps are taken by the plaintiff, to put his judgment in execution, would render a scire facias against the heirs and terre tenants indispensable, it is not…
2Cases cited1 opinion
- Bealls v. GuernseyNew York Supreme Court · 1811
3Cited by8 opinions
- Jordan v. ReynoldsCourt of Appeals of Maryland · 1907
- Berlin v. AluisiCourt of Special Appeals of Maryland · 1984
- Trail ex rel. Kemp & Buckey v. SnoufferCourt of Appeals of Maryland · 1854
- First National Bank v. Equitable Life Assurance SocietyCourt of Appeals of Maryland · 1929
- Miller v. WilsonCourt of Appeals of Maryland · 1870
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