366 CHANCEEY. [ART. 16

Generally.

Necessary allegations to a bill for a sale under this section. Failure of
both allegations and proof to conform to this and the following section.
Fox v. Reynolds. 50 Md. 571; Roche v. Waters, 72 Md. 270. Cf. Boliano v.
Cooke, 19 "Md. 303.

The sale of an infant's land under this section, does not work a conversion
from realty to personalty. This section construed in connection with sections
58, 66, 67 and 69. and also with article 93, section 197—see notes thereto.
Clay v. Brittingham. 34 Md. 676; Bernard v. Equitable Trust Co., 80 Md. 124.

A decree for a sale of an infant's lands may be impeached by the infants
themselves, or in case of their death by their heirs, for fraud or the non-
observance of jurisdictional requirements, or on any other ground which
shows that the decree was improper, such as want of proper parties. A
decree can not be impeached, however, for a mere irregularity, nor because
the infants, after arriving at age, were not given an opportunity to object.
Fraud not established. The husband of a guardian, may become a purchaser.
Gregory v. Lenning, 54 Md. 53; Bolglano v. Cooke, 19 Md. 396.

The act of 1819, ch. 144. extended the provisions of the act of 1816, ch.
154, to personal estate. Carlysle v. Carlysle, 10 Md. 446. Gf. O'Hara v. Shep-
herd, 3 Md. Ch. 315.

For cases affirming the general jurisdiction of equity over infants, see
Taylor v. Peabody Heights Co.. 65 Md. 391; Davis v. Helbig, 27 Md. 462:
dome's Case. 2 Bl. 488"; Dorsey v. Gilbert, 11 G. & .1. 90.

For a case involving the act of 1816, ch. 154, and the act of 1818. ch. 193,
see Williams' Case. 3 Bl. 203.

This section referred to in construing section 63—see notes thereto. Hitch
v. Davis, 3 Md. Ch. 265.

Cited but not construed in Stein v. Stein, 80 Md. 309; Hammond v. Ham-
mond, 2 Bl. 346.

Cross References.

As to the jurisdiction of equity to decree relative to mortgaged property
owned by an infant, see sec. 99.

As to the jurisdiction of equity to decree relative to property owned by
an infant and which is subject to a contract, see sec. 100.

As to decrees for specific performance against non-resident infants, see
sec. 126.

As to the sale of an infant's real estate, to save personalty, see sec. 101.

As to the procedure upon a bill of review in the interest of infants, see
sec. 179.

As to how infant defendants should" answer and sue, see sections 146 and
147.

No decree pro confesso may pass against infant defendants—see sec. 204.

See notes to sec. 58.

As to guardian and ward, see art. 93, sec. 144, et seq.

As to the procedure where infants are entitled to an election, see art. 46.
sec. 46.

As to the powers and duties of institutions for the care and protection of
minors, see art. 23, sec. 258.

1904. art. 16, sec. 54. 1888. art. 16. sec. 49. 1860, art. 16, sec. 37. 1816, ch. 154,
sec. 1. 1818, ch. 133, sec. 2. 1818, ch. 193. sec. 13. 1840, ch. 109, sec. 3.

58. No decree for sale shall pass under the preceding section, but
upon the petition of the guardian or prochein and of such infant, and
the appearance and answer of such infant, by guardian to be appointed
by the court, and proof by the depositions of at least two discreet and
respectable witnesses, to be taken before an examiner for that purpose;
and the witnesses shall state in their depositions the value and quantity
of the property, and the facts and circumstances which show that it
would be for the benefit and advantage of such infant, that a decree
for a sale should be passed.