said deed or bill of sale, as the case may require; and the order of Order of court. the said court, passed in the premises, directing the said acknowl edgment to be made as aforesaid, shall operate in the same manner and to the same extent, from the date of the said order, as if the said party ordered as aforesaid to acknowledge or re-acknowledge the said deed or bill of sale, had thereupon so done; provided, Proviso. however, that the rights of any person who shall not be a party to said proceedings, as aforesaid, shall not be in anywise affected by said order. EQUITABLE JURISDICTION OVER DOWER. Art. 16, s. 30. 1840, c. 98. equity, concur tion in dower. Md. 532; 31 Md. rent jurisdic 22 Md. 359; 25 104. The several courts of equity shall have full concurrent courts of jurisdiction with the courts of law in all claims for dower, and shall have power to try all questions of law which may arise in such cases, and give as full relief in any case as the complainant could have obtained heretofore, in either a court of equity or a court law, or in both courts. 320; 34 Md. 639; of 36 Md. 29; 45 Md. 252; 2 Gill. 359. Conveyance by how confirmed. 105. Where any infant feme covert shall, in respect of her 14. s. 31. dower, unite with her husband in any conveyance or lease, executed 182, c. 302, 8, 7 and acknowledged in form for passing feme covert's real estate, of infant of dower, any lands, tenements, or hereditaments, and the courts of equity of this State shall, as concerns such feme covert's dower, deem such conveyance or lease equitable, expedient or proper, the said court, on application by any of the parties interested, and on proper parties defendants being made, may, according to the rules of equity, proceed to adjudge and decree that such conveyance or lease be confirmed and made valid from the time of execution of the same, to effect, intent and purpose, as if the feme covert at the said execution were of the full age of twenty-one years. Id. s. 32. 1818, c. 193, s. 8; 1819, C. 183; Allowance on 106. In all cases where lands and tenements are to be sold under a decree, and the widow who is entitled to dower in such lands will consent in writing to the sale of the entire estate therein, the court shall order the same to be sold free from any claim of 1820, c. 191, s. 28. dower, and allow the widow such portion of the net proceeds of sales in lieu of sale as may be just and equitable, not exceeding one-seventh nor less than one-tenth, according to the age, health, and condition such widow. of 107. In all suits by joint owners to sell lands, the court may decree a sale free from the claim of dower by the wife of any of the parties. 108. Where there is a decree for the sale of lands, and a widow is entitled to dower therein and will not consent to a sale of her dower, the court may, if it appears advantageous to the parties, appoint five commissioners to assign and lay off the dower of widow, subject to the confirmation or rejection by the court. dower. 22 Md. 42; 38 Md. 284; 3 Bl. 186, 282. Id. s. 33. 1839, c. 23. Lands held by joint owners may be sold free Id. s. 34. 1816. c. 154, s. 11. 1820, c. 191, s. 27. Assignment, where widow such will not consent to sale. ARTICLE LXVI. SALE, LEASE, OR PARTITION OF PROPERTY IN EQUITY. SALES. 1. Sale of decedent's real estate for debts. 2. Sale of vessels or personal property held jointly. 3. Rent incident to reversion may be sold with estate. 4. When property may be sold before final decree. 5. Enforcement of vendor's lien or equitable lien. 6. Court may compel purchaser to comply; proceedings; re-sale. 7. Court to prescribe terms of sale. 8. Assignment of bonds for purchase-money. 9. Sile of equitable title; remedy of purchaser. 10. Confirmation of sales made by executor. SALE OF BURIAL GROUNDS. 11. Sale of burial grounds; notice by publication to lot-holders; testimony ex parte; decree of court. SALE OR LEASE. 12. Sale or lease of life estates and estates dependent; what persons the decree to bind. PARTITION OR SALE. 13. When partition to be decreed in equity; when sale to be decreed; parties. MORTGAGES. 42. What considered a mortgage; separate in- 44. Mortgages in Anne Arundel, Baltimore, 45. For purchase-money preferred to previous judgment. 46. Covenants for payment of taxes, etc. 47. Power of sale in mortgages. 48. Bond by person making sale. 54. When vendor and purchaser the same, 55. In purchase by mortgagee, his title not to 58. Hearing of motion to decide injunction; 59. Bond to be taken before injunction granted. 62. Interest of mortgagee vested in his per- 63. Release by personal representative. SALES. court much Sale of dece dent's real estate for debts. 13 Md. 1; 22 Md. 391 25 d. 395; Md. 621, 547 26 Md. 208; 27 29 Md. 2; 30 Md. 82. 522; 33 Md. 1. Where any person dies, leaving any real estate in possession, 1861, c. 360. remainder or reversion, and not leaving personal estate sufficient to pay his debts and costs of administration on any suit already, or which may be hereafter instituted by any of his creditors, the may decree that all the real estate of such person, or so thereof as may be necessary, shall be sold to pay his debts; this to apply to all cases where the heirs or devisees are residents or nonresidents, or are of full age, or infants, or of sound mind, or non compos mentis, and to cases where the parties left no heirs, or where it is not known whether he left heirs or devisees; or if the heirs or devisees be unknown, and if there be no heirs, the State's attorney shall appear to the bill. 308: 38 Md. 345; 39 Md. 232; 2 H. J. 424; 10 G. & & G. 94; 6 G. & J. 65. Art. 16, s. 127. 1833, c. 303. 2. The court may decree a sale of vessels, or other personal Sale of vessels property held by two or more persons jointly. or personal property held jointly. Id. s. 128. 3. Where there is a decree for the sale of any reversion in lands to which rent is incident, the court may order any rent in arrear to 1547, c. 150. be sold with such estate, and the purchaser shall have the same right to recover such rent by distress, entry or action, as if he had been with estate. owner of the estate when the rent accrued. Rent incident to reversion may be sold When property may be sold decree 4. In all cases where a suit is instituted for the sale of real or Id. s. 129. personal property, or where from the nature of the case a sale is the 15, c. 380, s. 1. proper mode of relief, the court, in its discretion, may order a sale before a final of the property before final decree, if satisfied clearly by proof that, 30 Md. 489, 522; at the final hearing of the case, a sale will be ordered, and order 37 Md. 64, 89. the money arising from such sale to be deposited or invested, to be disposed of as the court shall direct by the final decree. Id. s. 130. 1835, c. 380, s. 2. vendor's lien or equitable lien. 5. The court may decree a sale to enforce a vendor's lien upon Enforcement of any estate in lands whether legal or equitable, or may decree a sale to enforce any other equitable lien thereon, although the complain579; 29 Md. 112; ant may have a perfect remedy at law for the money for which the 30 Md. 263, 422; lien is claimed. 21 Md. 308, 439, 31 Md. 568; 35 Md. 469. 1841, c. 216. Court may com comply. 7 Md. 345; 28 Md. 145; 30 Md. 39 Md. 299. 6. The court shall have full power and authority, on the application by bill or petition of the trustee appointed by said court to sell pel purchaser to real estate, to compel the purchaser thereof to comply with all or any of the terms of such sale, by process of attachment, or other 235:31 Md. 168; execution suited to the case; or the said court, upon such applica tion, may direct the property purchased to be re-sold, at the risk of such purchaser, upon such terms as the court may direct; and in such case, if the proceeds of the re-sale, after payment of the expenses thereof and of all costs of proceeding, shall not be equal to the payment of the purchase-money originally bid therefor, the court may order and direct the difference to be paid by the said purchaser, and enforce such order by execution. Proceedings. Re-sale. Id. s. 132. 7. All sales made under a decree or order of the court shall be made on such terms and conditions as the court may determine, scribe terms of except where the sale is required by law to be made for ready 1785. c. 72, s. 9. Court to pre sale. Id. s. 133. money. 8. In case a sale shall be made on credit, the court may, upon 1785, c. 72, 8. 9. application of the mortgagee or creditor, direct any bond taken in consequence of such sale to be assigned to such mortgagee or creditor, and the assignee may sue on such bond in his own name. Assignment of bonds for purchase-money. Id. s. 134. 1795, c. 88, s. 2. title. 9. The court may decree a sale of an equitable title in any case Sale of equitable where a decree for the sale of the legal title could be passed, and the purchaser of such equitable title shall have the same remedy for obtaining the legal title, that the person whose equitable interest he purchased would have had if no sale had been made. Remedy of purchaser. Id. s. 65. 1818, c. 193, s. 9. 10. Where a sale has been made by an executor under a sup posed authority derived from a will, the court may, at its discretion, confirm such sale, on hearing of the parties interested, or ex parte, in cases where a bill might be taken pro confesso. 1868, c. 211. Sale of burial grounds. 39 Md. 681. SALE OF BURIAL GROUNDS. 11. Upon any bill being filed for the sale of any ground dedicated and used for the purposes of burial in which lots have been sold and deeds executed or certificates issued to the purchasers of such lots, provided such lots shall be no longer used for burial purNotice by pub- poses, the court may order notice to be given by publication in one or more newspapers published in the city or county in which the ground to be sold may be situate, stating the substance and object. of the said bill, and containing the names of the original lot-holders or their assignees if known, warning all the lot-holders, whether they be residents or non-residents, adults, or infants, to appear on or before a day fixed in such order and show cause why the relief lication to lotholders. parte. prayed should not be granted, and such notice shall be published as the court may direct, not less, however, than once a week for four successive weeks, two months before the day fixed by such order for the appearance of the parties, and if such lot-holders shall not appear at the time stated in such notice a commission to take testimony may be issued by the complainant ex parte. After the return Testimony ex of such commission the court, upon being satisfied from the testimony, that it is necessary and would be for the interest and advantage of the parties interested that the ground should be sold, may forthwith pass a decree for the sale of the same upon such terms as it shall deem proper, and shall distribute the proceeds of Decree of court. sale among the parties interested according to their several interests as the same shall be shown to the court. A decree passed in a proceeding for the sale of a burial ground shall be valid to pass the title to the purchaser or purchasers of the same or any part thereof, free, clear, and discharged of and from the claims of the corporation or trustees who may hold the same for the purposes aforesaid, their successors or assigns, and of all persons having an interest as lot-holders in such ground whether they are entitled as original lotholders and whether they be residents or non-residents, adults or infants. SALE OR LEASE. life estates and estates depend ent. d. 189; 32 Md. 571. 12. In all cases, when one or more persons is or are entitled to 1868, c. 273. an estate, for life or years, or to an estate tail, fee simple, condi- Sale or lease of tional, base, or qualified fee, or any other particular, limited, or conditional estate in lands, and any person or persons is or are entitled 31 to a remainder, or remainders, vested, or contingent on an executor's devise, or devises, or any other interest, vested or contingent in the same land, on application of any of the parties in interest, a court of equity may, if all the parties in being are parties to the proceeding, decree a sale or lease thereof, if it shall appear to be advantageous to the parties concerned, and shall direct the investment of the proceeds of sale, or the limitations of the leasehold interest, as the case may be, so as to inure in like manner as by the original grant, to the use of the same parties who would be entitled to the land sold or leased, and all such decrees, if all the persons or parties. who would be entitled if the contingency had happened at the date of the decree, shall bind all persons, whether in being or not, who claim, or may claim, any interest in said land, under any of the ties to said decree, or under any person from whom any of the parties to such decree claim, or from, or under, or by the original deed or will by which such particular, limited, or conditional estates, with remainders or executory devises, were created. PARTITION, OR SALE. par What persons the decree to bind. 1785, c. 72, s. 12; 13. The court may decree a partition of any lands or tenements, Art. 16, s. 99. or any right, interest, or estate therein, either legal or equitable, on 1790, c. 38; 1794. |