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WILLIAM SMALLWOOD, Esq; Governor.
not really due, that then the obligor, his heirs, executors or administrators,
will reconvey the mortgaged premises to the infant, in case of decree
for foreclosure, or in case of sale, to pay to the infant either the whole
or
such part of the money raised by such sale as the chancellor shall determine
to be just, and also stand to, and abide by, such order and decree as
the chancellor shall make in the cause; which bond shall be filed and
safely kept by the register in chancery, and also recorded with the decree
in the case; and suit may be maintained either upon the original or a
copy of the register by the infant, his heirs, executors or administrators,
upon breach of the condition, and in such suit the plea of non est factum
shall not be received unless verified by the affidavit of the defendant
or defendants. |
1785.
CHAP.
LXXII. |
III. And be
it enacted, That in all cases of application to the chancellor
to foreclose any mortgage, he shall have full power and authority, in
case the party against whom the bill shall be filed does not pay the sum
due upon the mortgage by the time limited in the decree for paying
the
same, to order and direct that the mortgaged premises, or so much thereof
as may be necessary to discharge the money due and costs, be sold for ready
money, (unless the plaintiff shall consent to a sale on credit,) by a proper
person to be appointed by the chancellor, and to order that the money
raised by such sale be brought into court to be paid to the plaintiff;
and
the person empowered to make such sale, shall give bond, with good security,
to be approved by the chancellor, for the faithful execution of the
trust, and full compliance with the order of the chancellor, and upon
failure to execute such trust, the party grieved shall have a right to
bring
suit on such bond, or a copy thereof, against principal, and security or
securities,
and shall recover the money for which the mortgaged premises
shall have sold, and the plea of non est factum shall not be received
unless verified as aforesaid; and the chancellor may also issue attachment
of contempt against the person empowered to sell as aforesaid, and his
security
or securities, and may thereupon commit both principal and securities
until his order shall be fully complied with, and contempts cleared. |
On application
for a
foreclosure,
chancellor
may direct a
sale, &c. |
IV. And be it
enacted, That if any person hath died, or shall die, leaving
real or personal estate to be sold for the payment of debts, or other
purposes, and shall not, by will or other instrument in writing, appoint
a
person or persons to sell or convey the same property, or if the person
or
persons appointed for the purpose aforesaid shall neglect or refuse to
execute
such trust, or if such person or persons, or any of them, shall die before
the execution of such trust, so that eh sale cannot be made for the
purposes intended, in every such case the chancellor shall have full power
and authority, upon application or petition from any person or persons
interested
in the sale of such property, to appoint such trustee or trustees
for the purpose of selling and conveying such property, and applying the
money arising from the sale to the purposes intended, as the chancellor
shall in his discretion think proper. |
Chancellor
may appoint a
trustee to sell
and convey,
&c. |
V. And be it
enacted, That if any person hath died, or shall hereafter
die, without leaving personal estate sufficient to discharge the debts
by
him or her due, and shall leave real estate which descends to a minor,
or
person being idiot, lunatic, or non compos mentis, of who shall afterwards
become non compos mentis, or shall devise real estate to a minor,
or person being idiot, lunatic, non compos mentis, or who shall afterwards
become non compos mentis, the chancellor shall have full power
and authority, upon application of any creditor of such deceased person,
after summoning such minor, and his appearance by guardian, to be appointed
as aforesaid, and hearing as aforesaid, or after summoning the person
being idiot, lunatic, or non compos mentis, and his appearance by |
Person dying
without
sufficient personal
estate,
chancellor
may order a
sale of real estate,
&c. |
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