Cooke v. Brice
Court of Appeals of Maryland
Appeal from the Court of Common Pleas of Baltimore City : This was a proceeding by the appellee against the appellant to obtain a writ in the nature of a writ of habere facias, under the Act of 1825, ch. 103. The case is fully stated in the opinion of this Court. The Court below (Marshall, J.) having ordered that the writ should issue as prayed, the defendant appealed.
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Appeal from the Court of Common Pleas of Baltimore City : This was a proceeding by the appellee against the appellant to obtain a writ in the nature of a writ of habere facias, under the Act of 1825, ch. 103. The case is fully stated in the opinion of this Court. The Court below (Marshall, J.) having ordered that the writ should issue as prayed, the defendant appealed. The cause was argued before Bowie, O. J., and Bartol, Goldsborough and Cochran, J. 1. No lease-hold interest subsisted in the appellant to be affected by the fi. fa. The years of default in payment of rent that had passed since…
1Opinion of the CourtBartol, J.
This was an application under the Act of 1825, ch. 103, for a ‘‘writ in the nature of a writ of habere facias possessionem,” made by the appellee, who had purchased a lot of *400' ground in' the City of Baltimore, seized and sold by the sheriff under an execution issued out of the Court of Common Pleas, upon a judgment recovered in that Court by the appellee against the appellant. The judgment was rendered in November 1859, and the sale made on the 18th of June 1860.
The judgment, the execution thereon, the sale made by the sheriff, and his return to the writ of fieri facias, were all legal and…
2Cited by9 opinions
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- Lewis v. E. F. Schlichter Co.Court of Appeals of Maryland · 1920
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