| 1785.
CHAP.
LXXI. |
LAWS of MARYLAND.
first day of September next, and in such case there shall be a sale
made of
the said property of Henry Stevenson by such person or persons as the
chancellor shall direct, and upon such terms, not giving credit for above
one year, as the chancellor shall direct, and bond shall be taken for
such
property, if sold on credit, in such manner as the chancellors shall direct;
and if the chancellor shall be of opinion, that the said Robert Ballard
has
a just and equitable title under his purchase from the said commissioners,
to all the land meant, intended and agreed, to be sold to him, then such
opinion shall be entered upon the application aforesaid, and the said Robert
Ballard shall pay the money agreeably to his bond aforesaid. |
Passed March
10. |
CHAP. LXXII.
An ACT for enlarging the power of the high court of chancery. |
Where persons
under
age &c. are
possessed of
lands, &c.
chancellor
may order a
sale, &c. |
BE it enacted,
by the General Assembly of Maryland, That where any
person or persons, under the age of twenty-one years, or being idiot,
lunatic, or non compos mentis, are or shall be possessed of any
lands, tenements, hereditaments or real estate whatsoever, which are, or
shall be and stand, mortgaged for the payment of any sum or sums of
money or tobacco, or for securing the payment of any debt whatsoever,
and the day of payment in such mortgage is elapsed, it shall and may
be
lawful for the chancellor, upon the petition of the mortagee or mortgagees,
or any person claiming under the mortgage, after summoning the
infant, and his appearance by guardian, to be appointed by the chancellor
for that purpose, and to answer and defend on the part of such infant,
or after the appearance of such person, being idiot, lunatic, or non compos
mentis, by the trustee or trustees, or committee of such person being
idiot, lunatic, or non compose mentis, to be appointed by the chancellor
on behalf of such person, for the purposes aforesaid, and hearing all parties,
and being well satisfied of the execution of the deed of mortgage,
and that the sum claimed by the person making such application is
justly due, to order and decree a sale of such mortgaged premises,
or such part thereof as may be necessary to discharge the debt or debts
due on such mortgage, or the chancellor may decree a foreclosure of the
whole of such part of the mortgaged premises as may be necessary and
sufficient to discharge, pay and satisfy, the debt or debts due upon and
secured by such mortgage, in such manner as the chancellor shall judge
most proper; but if a part only is foreclosed, and such part shall be
esteemed by the mortgagee, or person praying a foreclosure, insufficient
to
pay the money secured by such mortgage, then a sale thereof shall be
made in such manner as the chancellor shall direct, and the money raised
by such sale, or so much thereof as is necessary, shall be applied to discharge
the debt secured by such mortgage; and if money sufficient to pay
the debt secured by the mortgage is not raised by a sale of the part foreclosed
and sold as aforesaid, then the chancellor shall decree a sale of such
other part of the mortgaged premises as will be sufficient for that
purpose. |
Persons applying
for a foreclosure
to give
bond, &c. |
II. And be it
enacted, That in all cases where a foreclosure of any
mortgage, or sale of any land, shall be applied for, in which any infant
shall be interested, the person or persons applying for such foreclosure
or
sale, before any decree of foreclosure or sale is made, shall give
bond, with
good and sufficient security approved by the chancellor, to the infant,
his
heirs, executors and administrators, in such penalty as the chancellor
shall
direct, with condition, that in case the infant, within one year after
arrival
to age, shall make appear, to the satisfaction of the chancellor, that
there
was fraud in obtaining the mortgage deed, or that no deed was really executed,
or that the debt claimed, or so much as decreed to be paid, was |
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