ART. 16] SALES. 425

A sale directed to be made on a credit of twelve months, is equivalent to a
day being given for the payment of the debt. David v. Grahame, 2 H. & G. 98.

This section construed in connection with section 222—see notes thereto.
Dorsey v. Dorsey, 30 Md. 528.

For cases construing the act of 1785, ch. 72, section 3, see Boteler v.
Brookes, 7 G. & J. 143; Andrews v. Scotton, 2 Bl. 666.

See sec. 221. As to parties, see sections 178 and 182, et seq.

As to mortgages, see art. 66.

As to tax sales, see art. 81, sec. 52, et seq.

As to the ratification nisi of sales by the clerks of the courts having juris-
diction, see art. 17, sec. 32.

1904, art. 16, sec. 203. 1888, art. 16, sec. 188. 1860, art. 16, sec. 126. 1785, ch. 72,

sec. 5. 1785, ch. 78. 1789, ch. 46. 1790, ch. 38. 1794, ch. 60. 1795, ch. 88.

sec. 3. 1818, ch. 193, sec. 2. 1833, ch. 150, sec. 1. 1864, ch. 360.

1890, ch. 320. 1900, ch. 320.

218. Where any person dies, or shall have died, leaving any real
estate in possession, remainder or reversion, and not leaving personal
estate sufficient to pay his debts and costs of administration, the court,
on any suit instituted by any of his creditors, may decree that all the
real estate of such person, or so much thereof as may be necessary, shall
be sold to pay his debts; and the funeral expenses of the decedent, to be
allowed in the discretion of the court according to the condition and
circumstances of the deceased, not to exceed three hundred dollars, shall
be considered the debt of said decedent; and in the distribution of the
proceeds arising from any sale under this section, the claim for funeral
expenses shall take priority to all claims of the common creditors of the
deceased. This section to apply to all cases where the heirs or devisees
are residents or non-residents, or are of full age, or infants, or of sound
mind, or non compos mentis, and to cases where the parties left no heirs,
or where it is not known whether he left heirs or devisees, or, if the
heirs or devisees be unknown, and if there be no heirs, the State's attor-
ney shall appear to the bill.

Title of purchasers.

A purchaser of a decedent's real estate, is charged with knowledge of such
decedent's debts and if the personalty is insufficient to pay them, he takes
title subject to the creditor's rights under this section. Gibson v. McCormick,
10 G. & J. 65; Green v. Early. 39 Md. 231; Van Bibber v. Reese, 71 Md. 617.

After a final settlement of a decedent's personal estate In the orphans' court
showing the payment of debts, the costs of administration and a balance on
hand, a bona fide purchaser of real estate without notice of debts still due by
the estate, gets a clear title. Van Bibber v. Reese, 71 Md. 611.

No application.

In order that the court may have jurisdiction under this section, there
must be a debt due by the decedent in his lifetime. This section has no appli-
cation where a bill is filed against the heirs and devisees of a non-resident
for damages arising out of a refusal to comply with an option given the
plaintiff by the decedent in his lifetime and closed by the plaintiff subse-
quent to the decedent's death. McGaw v. Gorter, 96 Md. 492. And see Carey
17. Dennis, 13 Md. 15.

This section can have no operation upon real estate located outside of
Maryland. Seldner v. Katz, 96 Md. 219.

Generally.

Before the real estate can be sold for the payment of debts, it must be
alleged and proved that the personalty is insufficient. Van Bibber v. Reese,