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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 428   View pdf image (33K)
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428 CHANCEEY. [AET. 16

Object of this section and effect of an order of sale thereunder. This
section should never be applied except in very plain and unquestionable
cases, and even then, only after a full hearing. Proof held Insufficient to
Justify a sale. The bill of complaint may be amended after the decree of
sale. Kelly v. Gilbert, 78 Md. 435. And see Title Co. v. Burdette, 104 Md.
673; Donohue v. Daniel, 58 Md. 600; Washington, etc., R. R. Co. v. Southern,
etc., R R. Co., 55 Md. 156; Cornell v. McGaun, 37 Md. 99; Dorsey v. Garey,
30 Md. 498.

To Justify a sale under this section, it should appear beyond a reasonable
doubt that a sale must be inevitably decreed at the final hearing. A sale
under this section upheld. Proper parties. Donohue v. Daniel, 58 Md. 597.
And see Washington, etc., R. R. Co. v. Southern, etc. R. R. Co., 55 Md. 156;
Cornell v. McGann, 37 Md. 99.

Upon satisfactory proof as prescribed in this section, the court may pass
an order of sale at any time after bill filed, without waiting for the defend-
ant's appearance or answer. Proof held sufficient. This section applied.
Section 217 must be read in connection with, and is subordinate to, this sec-
tion. The discretion of the court in ordering a sale, is reviewable on appeal.
What "final decree" is contemplated by this section? Dorsey v. Dorsey, 30
Md. 528. And see Cornell v. McGaun, 37 Md. 99.

No appeal lies from the refusal to order a sale under this section, nor
from the rescission of an order of sale. An appeal lies, however, under
article 5, section 21, from an order directing a sale. Washington, etc., R. R.
Co. v. Southern, etc., R. R. Co., 55 Md. 155. Cf. Dorsey v. Garey, 30 Md. 499.

A decree of sale under this section, cannot be inquired into collaterally,
provided the court had Jurisdiction. Dorsey v. Garey, 30 Md. 499.

A sale held not to have been ordered under this section, and that the
proof did not Justify a sale thereunder. Cornell v. McCanu, 37 Md. 98. Cf.
Dorsey v. Garey, 30 Md. 495.

It is the habit of the court to apply this section in applications for sales
of real estate to pay debts, under section 218. Hammond v. Hammond, 2
Bl. 359.

1904, art. 16, sec. 208. 1888. art. 16, sec. 193. 1860, art. 16, sec. 130.
1835, ch. 380, sec. 2.

223. The court may decree a sale to enforce a vendor's lien upon

any estate in lands, whether legal or equitable, or may decree a sale to

enforce any other equitable lien thereon, although the complainant may
have a perfect remedy at law for the money for which the lien is

claimed.

This section applied. Bratt v. Bratt, 21 Md. 584.

This section referred to in construing section 224—see notes thereto.
Stephens v. Magruder, 31 Md. 173.
As to mechanic's liens, see art. 63.
As to vendor's liens, see art. 66, sec. 31, et scq.

Ibid. sec. 209. 1888. art. 16. sec. 194. 1860, art. 10, sec. 131. 1841, ch. 216.

224. The court shall have full power and authority, on application
by bill or petition of the trustee appointed by said court to sell real

estate, to compel the purchaser thereof to comply with all or any of the
terms of such sale, by process of attachment or other execution suited
to the case; or the said court, upon such application, may direct the
property purchased to be re-sold, at the risk of such purchaser, upon
such terms as the court may direct; and in such case, if the proceeds of
the re-sale, after payment of the expenses thereof and of all costs of
proceeding, shall not be equal to the payment of the purchase money

originally bid therefor, the court may order and direct the difference to
be paid by the said purchaser, and enforce such order by execution.

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 428   View pdf image (33K)
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