| NOV. 1794.
CHAP. 60.
Purchasers to
hold the same
rights, &c. |
APPENDIX——CHANCERY LAWS.
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 purchaser 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 provisions of this act. |
Chancellor may
order a partition,
&c. |
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 application 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 circumstances, that it will be for the
interest and advantage of all parties 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
conveyance done and executed by such guardian, trustee or committee,
in pursuance of the order or decree of the chancellor, shall
be good and effectual, and they are hereby severally authorised 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 discretion.
By 1797, ch. 114, s. 5, on bill filed
for the purpose of obtaining partition of
land held jointly or in common with an infant residing out of the state,
commission
may issue to three persons, authorising them to go to the infant and appoint
a guardian for the purpose of answering and defending the suit, and to
take the
answer, &c. And by 1818, ch. 93, s. 11, the provisions of the
5th section of 1797,
ch. 114, concerning partition, is extended to cases where all the persons
reside
out of the state. |
May decree a foreclosure,
&c. |
9. AND BE IT ENACTED, That in all cases where
any mortgagor
or mortgagors of any lands or tenements within this state, shall
have removed to places unknown out of this state, and cannot be ascertained
whether such mortgagor or mortgagors is or are dead or
alive, and if dead, who are the legal representatives of such person or
persons, or whether they have left any, it shall and may be lawful
for the chancellor in such cases, upon satisfactory testimony thereof
by affidavit of the complainant, and other evidence, to decree,
upon giving such public notice as he shall deem necessary, a foreclosure
of such mortgage, or sale of the mortgaged premises, and
conveyance thereof, as in other cases where the party appears, and
such decree passes in the said court.
By 1795, ch. 88, s. 2, the chancellor
may 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, &c. |
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