ART. 16] PARTITION. 395

Partition.

1904, art. 16, sec. 129. 1888, art. 16, sec. 116. 1860, art. 16, sec. 99. 1785, ch. 72,

sec. 12. 1790, ch. 38. 1794, ch. GO, sec. 8. 1797, ch. 114, sec. 5. 1800,

ch. 67, sec. 3. 1818, ch. 193, sec. 11. 1820, ch. 191, sec. 48.

1831, ch. 311, sees. 1, 9. 1832, ch. 302, sec. 4. 1886,

ch. 232. 1900, ch. 205. 1904, ch. 535.

137. The court may decree a partition of any lands, tenements or
hereditaments, or any right, interest or estate therein, either legal or
equitable, on the bill or petition of any joint tenant, tenant in common,
or any parcener or any concurrent owner, whether claiming by descent
or purchase, or if it appear that said lands, tenements or heredita-
ments, or right, interest or estate thereon cannot be divided without
loss or injury to the parties interested, the court may decree a sale
thereof, and a division of the money arising from such sale among
the parties, according to their respective rights; this section to apply
to cases where all the parties are of full age and to cases where all the
parties are infants, and to cases where some of the parties are of full
age and some infants, and to cases where some or all of the parties are
non compos mentis, and also to apply to cases where any or all of the
parties are non-residents; and any party, whether of full age, infant
or won compos mentis may file a bill under this section, an infant by
his guardian or prochein and, and a non compos mentis bv his com
mittee, and if any contract hath been made for the sale of any lands,
tenements or hereditaments held as aforesaid, or any interest therein
for or on behalf of any infant, idiot or person non compos mentis which
the court, upon hearing aforesaid and examination into all the circum-
stances, shall think for the interest and advantages, both of such infant,
idiot or person non compos mentis, and of the other person or persons
interested therein to be confirmed, the court may confirm such contract-
and all sales and deeds made in pursuance of and agreeably to an order
of the court in the exercise of the above power shall be good and suffi-
cient in law to transfer the estate and interest of such infant, idiot or
person non compos mentis in such lands, tenements or hereditaments,
according to the true intent and meaning of such deeds, respectively;
and in all cases of deeds executed in the exercise of the above power, the
same shall be executed and acknowledged by such person or persons as
the court may appoint for the purpose. And wherever any bill or peti-
tion is filed under the provisions of this section for the sale of liinds,
persons holding mortgages and other incumbrances on the said lands or
an undivided interest therein may be made parties to said bill, and the
said lands or interests therein shall be sold free and clear of such
mortgages or other incumbrance, and the rights of the lienors shall bo
protected in the distribution of the proceeds of the sale of such lands.

Parties.

A partition will not be decreed unless all co-tenants are parties. Dugan v.
Baltimore, 70 Md. 5.

Prior to the act of 1904. ch. 535. an incumbrancer, such as a mortgagee or
judgment creditor, was not a proper party to partition proceedings; contra
since said act. The act of 1904, ch. 535, held not applicable, the judgment
creditor not being made a party as such. A Judgment creditor who is not