330

LAWS OF MARYLAND.— 1795,

same manner as if the said person had originally appeared
before him.
*By 1817, ch. 133, limited to not less than three months.
By 1799, ch. 79, sec. 9, if any defendant shall appear in court, either in
person or by solicitor, he shall put in a good and sufficient answer to each
interrogatory contained in the bill, or a plea or a demurrer to the same, on
or before the fourth day of the term succeeding such appearance, he shall
otherwise be liable to be proceeded against, if a resident of the state, as if he
had been duly summoned, Sec. and if he be a non-resident, either the bill
shall be taken pro confesso, or, at the discretion of the chancellor, a com-
mission shall issue, &c.
These provisions have been modified by 1820, ch. 161.

And on
application,
decree a
sale, &c.

SEC. 2. And be it enacted, That the chancellor shall have
power and authority, on application already made, or hereafter
to be made, by bill or petition, and after summoning and hear-
ing the person or persons proper to be made defendant or defen-
dants, or after such proceedings against him, her or them, as
would entitle the complainant or complainants to a decree in
other cases, to decree the sale of any equitable title or claim to
land, in any case in which he might on application decree the
sale of a legal complete title, and the purchaser or purchasers of
such equitable title from a trustee or trustees, to be appointed in
the same manner, and on the same terms, as other trustees for
sale of land are appointed, shall, in consequence of such pur-
chase, and a conveyance to be made by the said trustee or trus-
tees, stand in the place of the person or persons in whom was
the said equitable title at the time of the decree, and shall be
entitled to such remedy against any party or parties as the said
person or persons might have had.

Creditor
may pray a
subpoena,
&c.

SEC. 3. And be it enacted, That any creditor or creditors, who
have made or shall make application to the chancellor by bill or
petition, for the sale of any land which hath descended or been
devised to an infant or infants, for the payment of the debts of
the ancestor or devisor, who had only an equitable interest or
title in the said land, may pray and obtain a subpoena against
the person or persons having the legal title to the said land, in
case such person or persons be resident of the state, or give such
notice of the bill or petition as the chancellor shall direct, in
case such person or persons be not resident of the state ; and on
summoning and hearing of all parties concerned, or on such
proceedings against the defendant as are proper to entitle the
complainant or complainants to a decree in other cases, the
chancellor shall have power to decree, as shall appear to him
just to all parties ; add if it shall appear to him, that no money
is due for the land from the person or persons who had the
equitable claim or title aforesaid to the person or persons having
the legal title, he shall decree a sale of the whole interest, estate
and title, of all parties to the land aforesaid, and direct the