Waters v. Duvall
Court of Appeals of Maryland
Appeal from Prince Georges county court. On the 12th of October, 1832, the appellee sued out from the Prince Georges county court the writ of habere facias possessionem, under the act of 1825, ch. 103, to obtain the possession of lands purchased by him at a sheriíf’s sale, under a venditioni exponas, which had issued to make the amount of a judgment in favor of one Samuel Peach, against Nathan Waters, rendered at April term, 1824. The fieri facias, in virtue of which the…
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Appeal from Prince Georges county court. On the 12th of October, 1832, the appellee sued out from the Prince Georges county court the writ of habere facias possessionem, under the act of 1825, ch. 103, to obtain the possession of lands purchased by him at a sheriíf’s sale, under a venditioni exponas, which had issued to make the amount of a judgment in favor of one Samuel Peach, against Nathan Waters, rendered at April term, 1824. The fieri facias, in virtue of which the lands were seized, issued on the 10th of March, 1835, returnable to the then ensuing April term, when the sheriff made the…
1Opinion of the CourtDorsey, J.
The proceedings in equity which form a part of the record in this case, and were relied on for the purpose, present no obstacle to the motion of the appellant made on the return of the motion of the habere facias possessionem to Prince Georges county court. The relief prayed for in the bill of complaint is not identical with that sought under the motion. Nor if it had been, would it have formed any barrier to the free action of the county court on the application before it. A motion to quash a writ issued by a court of law is exclusively cognizable there, subject however to revision in an…
2Cited by6 opinions
- P. Pfeiffer & Co. v. LindsayTexas Supreme Court · 1886
- Dorsey's Lessee v. DorseyCourt of Appeals of Maryland · 1868
- Wilson v. MillerCourt of Appeals of Maryland · 1869
- Nelson v. TurnerHigh Court of Chancery of Maryland · 1850
- Duvall v. WatersHigh Court of Chancery of Maryland · 1827
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