1198 INHERITANCE. [ART. 46

There may be a proceeding in equity to enforce the lien given by this sec-
tion, regardless of the bond and its liability at law. The fact that the land
has been sold, la immaterial. Proper parties. Ridgely v. Iglehart, 6 G. & J.
51. Cf. Stem v. Cox, 16 Md. 534.

Until the court has passed an order as to the proportions to which the
representatives of the intestate are entitled, no recovery can be had on the
bond. The words "agreeably to the order of the court," construed. Thomp-
son v. State, 4 Gill, 165 And see Eidgely v. Iglehart, 6 G. & J. 51.

This section implies a preceding order of court before it can be complied
with, or a non-compliance can amount to a default. Jenkins v. Simms, 45
Md. 538.

Cited but not construed in Iglehart v. Armiger, 1 Bl. 519.

See notes to sections 51 and 65.

1904, art. 46, sec. 56. 1888, art. 46, sec. 56. 1860, art. 47, sec. 56.
1856, ch. 127.

56. In all cases in which commissioners appointed under this article
shall be ordered by the court to make sale of real estate and in accord-
ance with said order shall offer the said real estate at public auction
and the same shall be bid off by some purchaser, and the said pur-
chaser shall refuse or neglect to comply with the terms of sale, it shall
be lawful for the commissioners to re-sell the real estate upon the
notice contained in the order aforesaid; and if it sell for less than at
the first sale, to compel, by suit or action to be instituted in their name
as commissioners, the purchaser at the first sale to pay over the differ-
ence or loss that may be sustained between the first and second sales:
provided, a memorandum be made and signed by the auctioneer at the
time of sale, in writing, containing the names of the parties, the amount
and terms of sale.

Ibid. sec. 57. 1888, art. 46, sec. 57. 1860, art. 47, sec. 57.
1820, ch. 191, sec 34. 1898, ch. 457.

57. Whenever any person shall be entitled as surviving husband to
a life estate in any part of the real estate of an intestate, and the com-
missioners appointed in virtue of this article shall determine that the
estate will admit of division, then the said commissioners shall lay off
the part or portion of such surviving husband in and to the said estate,
before they shall proceed to divide or value the same; and the same com-
missioners shall make the ascertainment and location of such part or
portion of such surviving husband a part of their return to their com-
mission, and the court shall determine thereon, and confirm or reject
the same, as in other cases.
See art. 45, sec. 7.

Ibid. sec. 58. 1888, art. 46, sec. 58. 1860, art. 47, sec. 58.
1820, ch. 191, sec. 35. 1898, ch. 457.

58. Whenever any person shall become entitled as surviving hus-
band as aforesaid, and the commissioners shall determine and so certify
to the court that the estate cannot be divided without loss and injury
to all the parties entitled, and the return of the said commissioners shall
be confirmed by the court, and the persons entitled to elect to take the
said estate at the valuation made by the commissioners shall all refuse,