ART. 46] SALES BY COMMISSIONERS. 1197

Where land is sold under the act to direct descents, the mutation from
realty to personalty is not effected until the sale has been finally ratified, and
the purchaser has complied with the terms thereof. Betts v. Wirt, 3 Md.
Ch. 115.

This section referred to in construing sections 41 and 44. Catlin v. Catlin,
60 Md. 582.

1904, art. 46, sec. 53. 1888, art. 46, sec. 53. 1860, art 47, sec. 53.
1820, ch. 191, sec. 9.

53. But if all the parties entitled shall be minors at the death of the
intestate, the estate shall not be sold until the eldest arrives at age, and
the profits of the estate shall be equally divided in the meantime.
Cited but not construed in Catlin v. Catlin, 60 Md. 576.

Ibid. sec. 54. 1888, art. 46, sec. 54. 1860, art. 47, sec. 54.
1820, ch. 191, sec. 18.

54. When the estate of an intestate shall be sold on a credit, bonds
shall be taken for the purchase money from the purchaser or purchasers,
by the commissioners, with security, and made payable to each repre-
sentative, respectively, according to his proportional part of the net
amount of sales, with interest thereon from the day of sale, and in such
instalments as the court shall direct; which bonds shall remain and be
a lien on the lands for the purchase of which they were given, until
the said bonds shall be paid.

See notes to sections 51 and 55.

Ibid. sec. 55. 1888, art. 46, sec. 55. 1860, art. 47, sec. 55.
1820, ch. 191, sec. 22.

55. It shall not be necessary, if the court shall deem it to be the
interest of all persons concerned, for the purchaser of any part of the
real estate of any person dying intestate, which may be sold by commis-
sioners, or where any one or more of the representatives of such intestate
shall elect to take the same, or any part thereof, at the valuation made
by commissioners, to give bond to each of the representatives of such
intestate; but such purchaser or person who may elect to take such real
estate, or any part thereof, may give bond to the State of Maryland, in
such penalty and with such sureties as the court shall direct and
approve, conditioned for the payment of the amount of the valuation or
purchase money (as the case may be), to the legal representatives of
such intestate, in such proportions as each may be entitled to, agreeably
to the order of the court; which bond shall be and remain a lien on the
said real estate until the money intended to be secured thereby shall be
wholly paid, and the said bond shall be recorded among the records of
the court from which the commission may have issued; and upon such
bond, or any office copy thereof, suit or suits may be instituted against
the obligors therein, or any of them, for any breach of the condition
thereof by any person interested therein.

This section repudiates everything like an equitable lien, and liability on
the bond provided for therein can only be enforced at common law. Waiver
and extinction of lien. Rldgely v. Iglehart, 3 Bl. 546. Cf. B. & O. R. R Co
v Trimble, 51 Md. 107.