316

LAWS OF MARYLAND.— 1794.

tenements or hereditaments, in this state, or having an equitable
light, title or interest therein, hath died, or shall die, without
leaving any known heir or devisee capable of inheriting or
taking the same, and without leaving a sufficient personal
estate for the payment of his or her debts contracted within this
state, or with any of the citizens thereof, the chancellor shall
have full power and authority, upon the application of any such
creditor or creditors, and such notice thereof being given as he
shall direct, if the claim of such creditor or creditors shall be
established to his satisfaction, to order and decree the whole of
such real estate to be sold for payment of such creditor or credi-
tors, in such manner, and upon such terms, as the chancellor in
his discretion shall think proper, and after payment and satisfac-
tion of such creditor or creditors, and the costs of such suit, to
order and decree the surplus arising from such sale to be paid
into the treasury for the use of the state ; and the chancellor in
all such cases shall have the same power and authority as he
hath in other cases by the act to which this is a supplement.

Persons
purchasing
to be enti-
tled, &c.

SEC. 4. And be it enacted, That any person or persons who
shall purchase an equitable title to lands under any decree of
the chancellor passed in virtue of the provisions of this act,
shall be entitled, upon payment of the purchase money, to an
assignment or conveyance of such equitable interest, to be made
by the trustee or trustees making such sale, and shall, in con-
sequence of such purchase and assignment, or conveyance,
stand, as to title, in the place of the person dying seized and
possessed as aforesaid, and entitled to such remedy in all cases,
and against all persons, as the person could or might have had
whose title he, she or they, may claim by virtue of such pur-
chase.

Creditors
may pray a
subpoena,
&c.

SEC. 5. And be it enacted, That any creditor or creditors
making application to the chancellor as aforesaid, by bill or
petition, may pray and obtain a subpoena against the person or
persons having the legal title to the land whereof the deceased
died seized or possessed, or to which he, she or they, had claim,
under the circumstances aforesaid; and in case the facts set
forth in the bill or petition, to entitle the complainants to a
decree as aforesaid, shall be established to the satisfaction of the
chancellor, after the summoning and hearing of the person or
persons so made defendant or defendants, or after such proceed-
ings against such defendant or defendants, as would entitle the
complainant or complainants to a decree in any other applica-
tion for a decree for conveyance, in case of the defendant or
defendants being under age, or residing out of the state, or
standing out the process of the court, the chancellor, by his
decree, may direct the trustee appointed, to make sale, on the