214

LAWS OF MARYLAND.— 1785.

executor or administrator, as the case may require, and being
satisfied that the party claiming under such deed has a fair and
equitable claim to the premises therein mentioned, to order and
decree that such deed shall be recorded ; and when such deed
is recorded, it shall, in pursuance of such decree, be taken and
considered in all courts of law and equity against the party
making such deed, his heirs, devisees, executors and adminis-
trators, in the same state, and to have the same effects and con-
sequences, to all intents and purposes, as if such deed had
been recorded within the time prescribed by law, but such
deed shall not destroy, or in any manner affect, the title of any
purchaser of the same thing or premises in case of a purchase
made after the date of the deed aforesaid, and without notice of
such deed by the person making such after purchase, whether
such purchase be by contract or by deed recorded agreeably to
law, nor shall such deed, though recorded as aforesaid, in any
manner affect the creditors of the party making such deed, who
may trust such party after the date of the said deed.

By 1791, ch. 79, a similar power is given to the chancellor, where the
person executing such deed, his devisee or representatives, may be non-
residents of this state, without the appearance or hearing of the defendant,
on notice being given as the chancellor may direct.
By 1792, ch. 41, the chancellor may decree the recording of such deed,
without the appearance or bearing of the defendant, on such notice being
given as he may direct. A provision is also made for a rehearing.
By 1831, ch. 304, deeds may be recorded notwithstanding they shall not
have been recorded within six months after acknowledgment.

Infants, &c.
having joint
interests in
lands, &c.
such hands
may be sold
&c.

SEC. 12. And be it enacted, That in case any infant, idiot,
or person non compos mentis, hath, or shall hereafter have, a
joint interest, or interest in common with any other person or
persons, in equal or unequal proportions, iu any lands, tene-
ments or hereditaments, and it shall appear to the chancellor,
upon application of any of the parties concerned, and upon
appearance of the infant, idiot, or person non compos mentis, as
aforesaid, and hearing and examination of all the circum-
stances, that it will be for the interest and advantage both of
the infant, idiot, or person non compos mentis, and of the other
person or persons concerned, to sell such lands, tenements or
hereditaments, or any part thereof, the chancellor may order
and direct such lands, tenements or hereditaments, or any part
thereof, to be sold, upon such terms as the chancellor shall
direct, always taking care that a just proportion of the money
arising from such sale be well and sufficiently secured to be
paid to such infant, idiot, or person non compos mentis; and if
any contract hath been made for any lands, tenements or here-
ditaments, held as aforesaid, for or on behalf of any infant,
idiot, or person non compos mentis, which the chancellor, upon