McIlwinn v. . Carraway

The Legislature, in passing the act of 1812, clearly understood that all equitable interests were not included, and thereby subjected to sale at execution; for they add a separate clause, to render liable equities of redemption.

This act is literally copied from 29 Car. II., including personal estate, which was not within the statute of Charles. In construing that act the courts held that it did not extend to an equity of redemption: and this our Legislature seems to have been apprised of, from the circumstance of the additional clause. At all events, it would seem that the Legislature were…