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Purchasers
to hold the
same rights,
&c.
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SEC. 7. And be it enacted, That where any sale or sales of
such equitable titles have been made by virtue of any writ of
fieri facias, or decree of the chancellor of this state, the pur-
chaser or purchasers thereof, his, her or their heirs or assigns,
shall hold and have the same right and title thereto as if the
said purchase had been made under and in virtue of the provi-
sions of this act.
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Chancellor
may order
a partition,
&c.
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SEC. 8. 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, in any lands, tenements or
hereditaments, and it shall appear to the chancellor, upon appli-
cation of any of the parties concerned, and upon the appearance
of the infant, by guardian to be appointed by the chancellor for
that purpose, and for the purpose of answering and defending
on the part of such infant, and upon the appearance of such
idiot, or person non compos mentis, by the trustee, or trustees,
or committee, of such idiot, or person non compos mentis, to be
appointed by the chancellor, on behalf of such person for the
purposes aforesaid, and upon hearing and examining all circum-
stances, that it will be for the interest and advantage of all par-
ties concerned to make partition of such lands, tenements or
hereditaments, or any part thereof, the chancellor may order
and decree partition to be made of such lands, tenements or
hereditaments, or any part thereof, in the same manner, and
under the same regulations, as if all parties were of full age, or
of sound mind and discretion; and all acts and deeds of con-
veyance done and executed by such guardian, trustee or com-
mittee, in pursuance of the order or decree of the chancellor,
shall be good and effectual, and they are hereby severally
authorized and empowered to do and execute, on behalf of such
infant, idiot, or person non compos mentis, all acts and deeds
whatever that may be adjudged necessary by the chancellor to
render effectual and complete the partition aforesaid, as fully as
if all the parties were of full age, or of sound mind and dis-
cretion.
By 1797, ch. 114, sec. 5, on bill filed for the purpose of obtaining parti-
tion of land held jointly or in common with an infant residing out of the
state, commission may issue to three persons, authorizing them to go to the
infant and appoint a guardian for the purpose of answering and defending
the suit, and to take the answer, &e. And by 1818, ch. 93, sec. 11, the
provisions of the fifth section of 1797, ch. 114, concerning partition, is
extended to cases where all the persons reside out of the state.
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