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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 427   View pdf image (33K)
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AET. 16] SALES. 427

Cited but not construed in Coombs v. Jordan, 3 Bl. 318; Buckingham v.
Peddicord, 2 Bl. 456; Cunningham v. Browning, 1 Bl. 319.

Cross references.

See sec. 89.

As to the order in which a decedent's debts are to be paid, see art. 93,
sec. 115.

As to funeral expenses, see also art. 93, sec. 5.

As to the concurrent power of the orphans' court to sell real estate up to
twenty-five hundred dollars, see art. 93, sec. 293.

See art. 75, sec. 155.

1904, art. 16, sec. 204. 1888, art. 16, sec. 189. 1884, ch. 396.

219. The claims against the persons so dying shall be proven and
filed in the clerk's office of the county in which the proceedings are
instituted, or where the real estate lies, as now required by law, or in
the clerk's office of the circuit court or circuit court No. 2 of Baltimore
city; provided, that the certificate of the register of wills of the said
county or city to the proof of such claims or distribution thereto in the
orphans' court of said county or city, out of the proceeds of the per-
sonal property of said deceased debtor, shall be prima facie evidence of
such claims, and sufficient to entitle them to distribution out of the
proceeds of the real estate of said deceased debtor, unless the same be
excepted to by some person interested in said estate.

For a case involving how the question of the Insufficiency of the personal
assets should be raised and determined, the effect of a decre for sale, and
how creditors should come into the proceedings, see Hammond v. Hammond,
2 Bl. 306. And see Arthur v. The Attorney-General, 2 Bl. 245.

As to the proof of claims in the orphans' court, see art. 93, sec. 84, et seq.

Ibid. sec. 205. 1888, art. 16, sec. 190. 1860, art. 16, sec. 127. 1838, ch. 303.

220. The court may decree a sale of vessels or other personal prop-
erty held by two or more persons jointly.

As to the sale of personal property which cannot be partitioned, and for a
note on the joint ownership of personal property, see Crapster v. Griffith, 2
Bl. 5. And see Hewitt's Case, 3 Bl. 184.
As to the partition of lands, etc., see sec. 137.

Ibid. sec. 206. 1888, art. 16, sec. 191. 1860, art. 16, sec. 128. 1847, ch. 150.

221. When there is a decree for the sale of any reversion in lands
to which rent is incident, the court may order any rent in arrear to be
sold with such estate, and the purchaser shall have the same right to
recover such rent by distress, entry or action, as if he had been owner
of the estate when the rent accrued.

Ibid, sec 207. 1888, art. 16, sec. 192. 1860, art 16, sec. 129. 1835, ch. 380, sec. 1.

222. In all cases where a suit is instituted for the sale of real or
personal property, or where from the nature of the case a sale is the
proper mode of relief, the court, in its discretion, may order a sale of
the property before final decree, if satisfied clearly by proof that, at
the final hearing of the case, a sale will be ordered, and order the
money arising from such sale to be deposited or invested, to be disposed
of as the court shall direct by the final decree.

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 427   View pdf image (33K)
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