Clarke v. Belmear
Court of Appeals of Maryland
Appeal from Prince George’s County Court. This was a. motion to quash a writ of fieri facias, and a writ of venditioni exponas, and the returns, &c.
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Appeal from Prince George’s County Court. This was a. motion to quash a writ of fieri facias, and a writ of venditioni exponas, and the returns, &c. On the 5th of December, 1822, a fieri facias issued out of, Prince George’s County Court, on a judgment rendered in the said court in favour of William Holmes against Walter S. Clarke, to which, at the return day, the sheriff made the following return: “ laid as per schedule, and not sold for want of time,”— the schedule returned stated, that he had taken part of Burgess’ Delight, part of Clarke’s Fancy and part of Hickory Thicket, supposed to…
1Opinion of the CourtMartin, J.
After recapitulating the facts as set out in the commencement of the report of this case, the Judge proceeded to state, that from these proceedings Clarke has appealed and contends, 1st. That the writs of fieri facias and venditioni exponas and the returns made to them are void for uncertainty; and 2dly. If they are sufficient, Belmear was not entitled to the writ of habere facias possessionem under the act of 1825, as the lands were in execution prior to the passage of that act.
*448The description of the property contained in the schedule returned by the sheriff to the fieri facias was, “part of…
2Cited by6 opinions
- Manahan v. SammonCourt of Appeals of Maryland · 1853
- Hall v. ClagettCourt of Appeals of Maryland · 1885
- Busey ex rel. Hilleary v. TuckCourt of Appeals of Maryland · 1877
- Wright v. OrrellCourt of Appeals of Maryland · 1862
- Langley v. JonesCourt of Appeals of Maryland · 1870
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