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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 398   View pdf image (33K)
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398 CHANCERY. [ART. 16

For a case Involving an agreement between tenants in common for a parti-
tion, and the right of set-off of a judgment in a partition proceeding, see
Norwood v. Norwood, 4 H. & J. 112.

For cases construing the acts of 1797, ch. 114; 1794, ch. 60, and 1785, ch.
72, see Snowden v. Snowden, 1 Bl. 550; Gibson v. Tilton, 1 Bl. 353; Walker v.
Parker, 13 Pet. 174.

For a note dealing with this section, and distinguishing it from other analo-
gous sections, see Tomllnson v. McKaig, 5 Gill, 256.

As to the righs of tenants of property sought to be partitioned, see Thrus-
ton v. Minke, 32 Md. 575.

This section referred to in construing section 45—see notes thereto. Mitchell
v. Farrish, 69 Md. 238.

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

This section referred to in construing section 116—see notes thereto. Ham-
ilton v. Traber, 78 Md. 32.

Cited but not construed in Presstman v. Mason, 68 Md. 89; Krone v. Llu-
ville, 31 Md. 144; Williams' Case, 3 Bl. 197; Hammond v. Hammond, 2 Bl.
346; Buckingham v. Peddicord, 2 Bl. 454-6; Corse v. Polk, 1 Bl. 234; Spurrier
v. Spurrier, 1 Bl. 478; Carter v. Calvert, 4 Md. Ch. 218.

As to the partition of personal property, see section 220; see also, Hewitt's
case, 3 Bl. 184; Crapster v. Griffith, 2 Bl. 5 and note (c).

As to the sale of lands free of dower, see sec. 44, et seq.

See sec. 45 and notes.

1908. ch. 242.

138. The right to a partition or a sale under section 137 shall
include the right to a partition or a sale of any one or more of several
separate lots or tracts of land held as mentioned in said section, and
it shall not be necessary for the bill or petition to pray for a partition
or a sale of all of the several lots or tracts so held.

Pleading, Practice and Process.

1904. art. 16, sec. 130. 188S, art. 16. sec. 117. Rule 1. 1890, ch. 424.

139. The circuit courts for the several counties of this State, and
the circuit court of the city of Baltimore, and the circuit court number
two of the city of Baltimore, as courts of equity, shall be deemed and
taken to be always open for the transaction of business therein, and the
several regular terms of said courts for the return of process and other
practical purposes shall be of two months' duration, and shall com-
mence in the counties on the first Monday of January, of March, of
May, of July, of September, and of November of each year; and in Bal-
timore city shall commence on the second Monday of January, of
March, of May, of July, of September, and of November of each year.
As to pleadings, practice and process at law, see art. 75.
As to equitable defenses at law. see art. 75. see. 86, et seq. As to the
removal of cases from law courts to courts of equity and vice versa, see art.
75, sec. 115.

Ibid. sec. 131. 188S. art. 16, sec. 318. Rule 2.

140. The several clerks of said courts shall receive and file all
papers pertaining to said courts, respectively, and shall keep substan-
tial dockets, and make all proper entries therein, of papers filed, and
of the proceedings of the said courts, as they occur; so that the docket

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 398   View pdf image (33K)
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