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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 171   View pdf image (33K)
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DALRYMPLE VS. TANEYHILL. 171
VIRGIL B. DALRYMPLE
vs.
ERICKSON H. TANEYHILL MARCH TERM 1853 -
AND WIFE.
[MUTATION OF REAL TO PERSONAL ESTATE.]
REAL estate, in which an infant was interested, was sold under a decree of this
court, which sale was finally ratified and confirmed by an order of court.
But the purchaser afterwards railed to comply with the terms of sale, and the
trustee applied for a resale under the act of 1841, ch. 216, and an order
passed accordingly, after which and before the second sale, the infant died.
HELD—
That the mutation from realty to peraonalty was not complete at the death
of the infant, the purchaser not having complied with the terms of sale, and
her share of the proceeds of sale passed as real estate to her heir at law.
The mutation is complete when the sale is ratified, and the purchaser has
complied with the terms of it by paying the money, if the sale is for cash, or
by giving bonds, if the sale is on credit, and a concurrence of all these cir-
cumstances is necessary to effect the change.
[The facts of this case are sufficiently stated in the opinion of
the Chancellor.]
THE CHANCELLOR :
The facts upon which the questions presented by the excep-
tions to the Auditor's report in this case arise, are few and
simple, and may be briefly stated.
On the 23d of October, 1850, Virgil B. Dalrymple, in his
own right, and Agnes E. Dalrymple, his daughter, then an. in-
fant, by the said Virgil, as her guardian and next friend, ex-
hibited their bill in this court, praying for the sale of the real
estate of Zachariah Taneyhill, lately deceased, intestate, upon
the allegation that the same was incapable of partition, and that
it would be for the interest and advantage of all parties con-
cerned that it should be sold and the proceeds divided among
the heirs at law. Dalrymple, the father of Agnes, had inter-
married with one of the daughters and heirs at law of Zacha-
riah Taneyhill, and she having afterwards died, he became
tenant by the curtesy of her share of said estate, his daughter

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 171   View pdf image (33K)
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