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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 582   View pdf image (33K)
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582 ARTICLE 16

An. Code, 1924,. sec. 103. 1912; sec. 100. 1904, sec. 96. 1888, sec. 85. 1773, ch. 7, sec. 2.
1778, ch. 22, sec. 4. 1785, ch. 80, sec. 2. 1791, ch. 79, sec. 4. 1841, ch. 259.

108. Where an infant, or person non compos mentis, is entitled to any
real or personal property in this State bound by any contract, or where an
infant or a non compos mentis claims any right in such property under any
contract, the court, in either case, shall have the same power to decree the
execution of such contract, or to pass any just and proper decree that the
court would have if all the. parties were of full age and sound mind; pro-
vided, that in all decrees for specific performance of a contract against an
infant, such infant may, at any time within six months after he arrives at
full age, have review of such decree; and if such infant dies under age, his
heir or proper representative may have a review of such decree either within
six months after the death of such infant, or within six months after such
heir or representative attains full age.

What proof may be resorted to by infant who files a petition under this section after
becoming, of age; he is not bound, by the answer of his guardian if he, dissents in time.
Re-conveyance ordered. Prutzman v. Pitesell, 3 H. & J. 77.

An. Code, 1924, sec. 104. 1912, sec. 101. 1904, sec. 97. 1888, sec. 86. 1778, ch. 22, sec. 2.
1818, ch. 193, sec. 8. 1819, ch. 183.

109: The court may, with the assent of the guardian of an infant, or
the trustee or committee of a person non compos mentis, and the consent
of the other persons of full age and sound mind, who may be interested,
decree the sale of the real estate of such infant or person non compos mentis,
to save the personal.

Only those interested in both the real and personal property can institute suit to
have the real estate sold to save the personalty, and the creditors must be protected.
The suit must be treated as a creditor's suit. Waring v. Waring, 2 Bl. 674.

Cited but not construed in Stein v. Stein, 80 Md. 309; Williams' Case, 3 Bl. 192.

An. Code, 1924, sec. 105. 1912, sec. 102.: 1904, sec. 98. 1888, sec. 87. 1831, ch. 282, secs. 1, 2.

110. In any case where the surety of a sheriff, deputy sheriff or col-
lector of taxes shall apply to the court, by bill or petition, the court, on
being satisfied that such surety has suffered, or is likely to suffer loss or
damage by reason of his suretyship, may appoint a trustee to complete his
collections for the benefit of those .concerned, and the court shall compel
such sheriff, deputy sheriff or collector, or1 his representatives, to answer
such bill or petition under oath, and disclose the state of his collections.

An. Code, 1924, sec. 106. 1912, sec. 103. 1904, sec. 99. 1888, sec. 88. 1834, ch. 76, sec. 1.

111. If on the filing of a bill or petition under the preceding section,
or at any other period in the cause, it shall be made to appear to the court,
by affidavit, that an injunction is necessary to the security of the plaintiff,
the court may issue such injunction, and may appoint a receiver to take
charge of the collections of the defendant, and to perform the duty of the
trustee mentioned in the preceding section, till the further order of the
court; and the court may confer on him such powers, and pass such orders
as may be necessary to effect the objects of such injunction and receiver-
ship.
As to injunctions, see sec. 86, et seq.

An. Code, 1924, sec. 107. 1912, sec. 104. 1904, see. 100...1888, sec. 89. 1831, ch. 282, sec. 3.

1834, ch. 76, sec. 1.

112. The court may order the delivery to the trustee or receiver men:
tioned in the two preceding sections, by any person, of all books, papers and
vouchers of or concerning the claims, demands and debts to be collected


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 582   View pdf image (33K)
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