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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 352   View pdf image (33K)
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352 CHANCERY. [ART. 10.

This and the five following sections have no application to a bill filed by
the leasehold owner of property praying the direction of the court in the
exercise of his right of redemption, the plaintiff not having given the required
notice of his intention to redeem. Plaenker v. Smith. 95 Md. 398.

Cited but not construed in Livingston v. Hall, 73 Md. 393.

1904, art. 16, sec. 27. 1888, art. 16, sec. 27. 1888, ch. 478.

28. No court shall make any such declaratory decree where the
plaintiff being, in the opinion of such court, able to seek further relief
than a mere declaration of title, omits to do so.
See notes to sec. 27.

Ibid. sec. 28. 1888, art. 16. sec. 28. 1888, ch. 478.

29. A trustee of property is "a person interested to deny" a title,
adverse to the title or rights of some one who is not in existence, and
for whom, if in existence, he would be a trustee.

As to trustees, see sec. 232, et seq.
See notes to sec. 27.

Ibid. sec. 29. 1888, art. 16, sec. 29. 1888, ch. 478.

30. Contingent characters or rights may be the subject of such a
declaratory suit and decree if they are actually disputed, but not other-
wise.

See notes to sec. 27.

Ibid. sec. 30. 1888, art. 16, sec. 30. 1890, ch. 04.

31. No declaratory suit can be brought nor decree passed to estab-
lish a fact or facts that are without legal consequences, and wherever
the court shall be of opinion that there is a question or questions
involved in such suit, which a party or parties may be entitled under
the constitution, to have submitted to a jury, the court shall, if such
party or parties require it, direct an issue or issues to be made up and
sent to any court of law convenient for trying the same, and the issues.
shall be tried in the said court of law as soon as convenient without any
continuance longer than may be necessary to procure the attendance of
witnesses, and the power of the courts of law and the proceedings,
thereto relative shall be as directed by law respecting the trial of issues
from chancery, or the orphans' court as to proceedings therein, thereon
and thereafter, but nothing herein contained shall be so construed as
to prevent the equity courts of Baltimore city from summoning a jury-
to try such issue or issues pursuant to the provisions of section three
hundred and twenty-three (323) of article four (4) of the Code of
Public Local Laws, title "Baltimore City," sub-title "Courts." The
order granting or denying such issues shall be subject to appeal.
See notes to sec. 27.

Ibid. sec. 31. 1888. art. 10. sec. 31. 1888. ch. 487.

32. A declaratory decree made under the five foregoing sections,
shall be binding only on the parties to the suit and persons claiming
through them respectively; and where any of the parties are trustees,

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 352   View pdf image (33K)
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