Logan v. McGill

Le Grand, C, J., delivered the opinion of this court. This is an appeal from the decision of the circuit court of Washington county on a case stated. The facts which it is necessary to notice are these: — certain parties obtained a judgment before a justice of the peace against the defendant, 'Charles McGill, and caused to be issued thereon a fieri facias, which was delivered to the appellant, as constable, for levy, which was accordingly done on a certain quantity of wheat alleged to be part of the yield and rent of a farm which had been devised to the wife of the said McGill. The farm was rented or leased by the said McGill, “for his wife, to a certain 'William Peter, who was tenant in possession, and who seeded on the said farm, as tenant as aforesaid, in the fall of the year 1853, a crop of wheat, and harvested or gathered the same in the summer of 1854, and that the said quantity of wheat so seized and levied upon as aforesaid, to satisfy the execution against the said McGill, was part of the rental proportion of the said crop of wheat so sown and gathered, which the said tenant, Peter, was to pay as rent for the said farm.” The words of the devise are as follows: “I give and devise to my daughter, Mary McGill, and her heirs and assigns forever,” &e.

The question is, whether, under the laws of Maryland, the crop or rent of the farm devised to Mrs. McGill be liable to execution for the debts due by her husband ? The act of 1841, ch. 161, provides, “that no real estate hereafter acqidred by marriage shall be liable to execution, during the life of the