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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 116   View pdf image (33K)
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116 HIGH COURT OF CHANCERY.
trustee under the Act of 1786, ch. 72, for the purpose of par-
tition, or under the provision of the 5th section of the last-
mentioned Act, where the personal estate ia insufficient, that
the real estate is not changed into personal until everything
has been done to effect the mutation which the Court say is
necessary for that purpose.
The question is not what form the thing has assumed when
the Court is called upon to dispose of it. The rights of the
parties do not depend upon whether it be then in fact money.
In the case of The State vs. Krebs, the Court, speaking of the
property of the wife in the hands of the commissioners, say,
" It is in fact money, but the point of hesitancy is whether, in
legal contemplation, it is to be so considered;" and the Court
in that case held the mutation to be complete, and that the
money was at the disposal of the husband, and liable for his
debts, because everything necessary to consummate the trans-
mutation had been done.
The counsel for the personal representatives of course do not
deny that the conversion is not complete until the sale is finally
ratified, and the terms complied with by the purchaser, but
they insist that when this is done, "the ratification relates back
and works a conversion from the day of sale." In other words,
they maintain that the doctrine of relation applies to the case
and carries with it the consequences for which they contend.
It is true as they say that the Maryland cases do not explicitly
decide this point, but I am far from thinking they reflect no
light upon it. If the Court of Appeals had meant that upon
the final ratification of the sale and compliance of the purchaser
with the terms, the conversion should relate back to the day of
sale so as to change the nature of the property from that period,
it seems to me they would have said so. The Court, after
much reflection, undertake to determine, and do determine, the
acts which shall change the property from real to personal,
and they say, when those acts are done, the change shall be
complete. And it seems to me so reasonable that if they in-
tended that the performance of the acts should work a change

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 116   View pdf image (33K)
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