386 CHANCERY. [ART. 16

As to how non compels should answer and sue, see. sections 146 and 147.
No decree pro confesso may pass against insane defendants—see sec. 204.
And see sec. 123.

As to lunatics and insane persons, see also art. 59.

As to the provision of the law where a non compos is entitled to an election,
see art. 46, sec. 48. See also, art. 46, sec. 46.

1904, art. 16, sec. 108. 1888, art. 16, sec. 97. 1860, art. 16, sec. 80.
1785, ch. 72, sec. 6.

115. On the application of any creditor of a person non compos
mentis, the Court may decree a sale of the real or personal estate of such
non compos mentis, or such part thereof as may be necessary to pay the
claim of such creditor, if the court is satisfied of the justice of the
claim, and that there is no other means of paying the same.

Ibid. sec. 109. 1888, art. 16, sec. 98. 1860, art. 16, sec. 81. 1790, ch. 60, sec. 2.

1800, ch. 67, sec. 3. 1819, ch. 144. sec. 1. 1828. ch. 26.

1829, ch. 222. 1894, ch. 221.

116. The court which may have appointed a guardian, committee
or trustee of the property of a person non compos mentis may, upon the
application of such guardian, committee or trustee, without any process
or order of publication, order or decree the sale of any real, leasehold
or personal property to which such person non compos mentis may be
entitled and order the money arising therefrom to be invested in stocks
or other property, or in mortgages on real estate or in other safe securi-
ties, as the court may deem most advantageous to such person non
compos mentis; and on the death of such person non compos mentis the
principal arising from any such sale shall pass to and vest in the person
or persons in whom such property would have vested if the same had
not been sold. Any decree or order which may have been heretofore
passed for the sale of the property of any person non compos mentis
shall have the same effect as if it had been passed after the adoption
of this section.

Inasmuch as a sale can only be ordered under this section upon the applica-
tion of the guardian, committee, etc., a decree can not pass upon the applica-
tion, of a third party; and under such decree, a purchaser gets no title. His-
tory of this section. Hamilton v. Traber, 78 Md. 32.

This section construed in connection with section 51—see notes thereto.
Tome v. Stump, 89 Md. 269.

Cited but not construed in Jones v. Jones, 1 Bl. 458.
See notes to sec. US.

Ibid. sec. 110. 1888, art 16, sec. 99. 1860. art. 16, sec. 82. 1833, ch. 150, sec. 2.

1894, ch. 221.

117. The court, which may have appointed a guardian, committee
or trustee of the property of a person non compos mentis may, upon the
application of such guardian, committee or trustee, without any process
or order of publication, order or decree any real or leasehold property
of a person non compos mentis to be leased for any term of years, or
may order or decree the surrender of any lease of the estate or property
of such person non compos mentis to be accepted, and the same to be
demised anew on such terms and conditions as the court may direct.

This section referred to in construing section 51—see notes thereto. Tome
v. Stump, 89 Md. 269.

This section referred to in construing sections 116 and 118—see notes to the
latter section. Willis v. Hodson, 79 Md. 331.