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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 115   View pdf image (33K)
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BETTS VS. WIRT. 115
turns has been in principle, if not in terms,, decided by the
Court of Appeals in the several cases of The State vs. Krebs, 6
H. & J., 31; Leadenham vs. Nicholson, 1 H & G., 267; and
Sammond v. Stew, 2 "G. & J., 81.
These it is said were cases under the Act to direct descents,
and the question was at what stage of the proceedings the
lands of the wife were changed into money, and thus placed
under the control of the husband, or liable to the demands of
his creditors. They were not, however, all of them cases under
the Act to direct descents; two of them being cases under the
12th section of the Act of 1785, ch. 72, which provides for the
sale of lands held by infants, &c., jointly or in common with
any other person, when it is made to appear by pleadings and
proofs that it will be for the interest and advantage of all the
parties that a sale should be made.
It seems to me, however, not to be at all material, by'what
statute, or for what purpose, the land may be ordered to be
sold; and the Court of Appeals say expressly in the case of
Leadenham vs. Nicholson, that the rule established in the prior
case of The State vs. Krebs, where the land had been sold
under the Act to direct descents, and the proceeding to affect
the money was by attachment in a court of law, was applicable
to and should prevail in equity.
The question in all the cases was, whether there had been a
mutation of the real into personal estate, and the decision was:
" that the mutation may be determined to be complete when
the commissioner's sale is ratified by the Court, and the pur-
chaser has complied with the terms of it by paying the money,
if the sale is for cash, or by giving bonds to the representatives,
if the sale is on a credit." This language, to be sure, was used
with reference to a sale by commissioners under the Act to
direct descents, but it was adopted by the Court as furnishing
the true rule, in the case of Leadenham vs. Nicholson, where
the sale was made by a trustee under the 12th section of the
Act of 1785, ch. 72.
I take it therefore to be clear, that whether the sale is made
by commissioners under the Act to direct descents, or by a

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 115   View pdf image (33K)
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