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122 LAWS OF MARYLAND—1773.
such agreement, and therefore subject or liable to a decree for conveyance on a suit for a specific performance or execution of such agreement, shall, by direction of the court of chancery, signified by an order made upon the hearing of all persons concerned, on the petition of the person or persons for whom such infant or infants, or persons being idiot, lunatic, or non compos mentis, or his, her or their committee or committees, in his, her or their name or names, shall be seized or possessed in trust, or of the mortgagor or mortgagors, or other person or persons entitled to redemption, or person or persons entitled to money or tobacco secured by or upon the said lands, tenements or hereditaments, or of the person or persons entitled to any money or tobacco, with the payment whereof the said lands, tenements or hereditaments, are or shall be charged or charge- able, or of the person or persons entitled to a specific perfor- mance or execution of such agreement as aforesaid, convey and assure any such lands, tenements or hereditaments, in such manner as the court of chancery shall, by such order so to be obtained, direct, to any other person or persons ; and such con- veyance or assurance, so to be had and made as aforesaid, shall be as good and effectual in law as if such infant or infants were, at the time of making such conveyance or assurance, of the full age of twenty-one years ; and the conveyance or assu- rance, so to be had and made as aforesaid, in the case of persons being idiot, lunatic, or non compos mentis, shall, in like manner, be as good and effectual as if the said person or persons was or were, at the time of making such conveyance or assurance, of sound mind, memory and understanding, and had by him, her or themselves, executed the same; and all and every such in- fant or infants, or persons being idiot, lunatic, or non compos mentis, being trustee or trustees, mortgagee or mortgagees, or being seized or possessed of lands, tenements or hereditaments, liable or subject in any manner aforesaid, or the committee or committees of all and every such person, being idiot, lunatic, or non compos mentis, shall and may be compelled, by such order as aforesaid, to make such conveyance or conveyances, assurance or assurances, in like manner as persons of full age and of sane memory are compellable to make. By 1778, ch. 22, such infants shall be bound by conveyances made by guardians, in pursuance of the order and direction of the court of chancery, and conveyances which had been so made are declared to be valid and effectual. By 1791, ch. 79, on application by any representative of a person de- ceased, who shall have contracted for the sale and conveyance of lands, &c. and not performed the same, and shall have devised or left them to descend to persons under age, &c. if the said representatives are immediately in- terested in having a specific performance, the chancellor may decree the same as in other cases by this act. |
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Clement Dorsey. The general public statutory law and public local law of the state of Maryland : from the year 1692 to 1839 inclusive, with annotations thereto,and a copious index.
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