|
ART. 47.] . INHERITANCE. 343
execute to the person so electing, at his expense, a good and
valid deed of bargain and sale in fee simple.
66. In all cases of sale made by the commissioners, or a ma-
jority of them, after the same shall be ratified by the court, and
the terms of sale shall have been complied with by the purchaser
or purchasers paying the purchase money agreeably to the terms
of sale, it shall then be the duty of the commissioners, or a ma-
jority of them, or the survivors or survivor of them, to convey
to the purchaser or purchasers by deed duly executed and ac-
knowledged according to law, all the right, title, claim, interest
and estate of the deceased intestate to the lands and premises
sold by them in virtue of their commission, and every such deed
shall be recorded in the time limited by law.
67. Whenever any estate shall be sold, and the purchaser shall
die, or shall assign his equitable interest therein before any deed
shall be executed for the estate sold, then and in that case the
court, on the application of the hejr, devisee or assignee of such
purchaser, and being satisfied that the purchase money has been
fully paid agreeably to the terms of sale, shall order and direct
the commissioners who shall have made such sale, or a majority
of them, or the survivors or survivor of them, to execute and
deliver to such heir, devisee or assignee, a deed for the said
estate, in the same manner as is hereinbefore provided for re-
specting deeds to be executed to purchasers.
68. In case of the death, inability, refusal to act, or removal
out of the State of all or any part of the commissioners, without
having performed the duties prescribed by such commission, it
shall be the duty of the court issuing the commission, on the appli-
cation of any person interested, to appoint as many commissioners
as will fill such vacancies; and such new commissioners shall, in
connection, with the remaining commissioners, if any be remain-
ing, and if none remaining, then the new commissioners shall
execute the commission in the same manner as if they had been
originally named therein.
69. In all cases where land has been sold by commissioners, or
where any person has elected to take land at the valuation
thereof, the court issuing the commission, upon being satisfied
that the purchase money for said land has been paid or brought
into court to be paid to the person or persons entitled to the
same, may, upon the application of the purchaser or person elect-
|
 |