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ART. 16] SALES. 429
Upon a re-sale the property is not to be regarded as belonging to the
defaulting purchaser. Where a mortgage is being foreclosed, the mortgagor
is entitled to except to the ratification of the re-sale. Werner v. Clark, 108
Md. 630; Dalrymple v. Taneyhill, 4 Md. Ch. 175.
Where a purchaser pays part of the purchase money in cash, and gives a
bond for the balance, payment of the latter may he enforced by petition
. under this section. Stephens v. Magruder, 31 Md. 171.
Where a purchaser is insolvent a sale to him although finally ratified
may be abandoned and rescinded, the property sold again, and a clear title
conveyed to the second purchaser. Sloan v. Safe Deposit Co., 73 Md. 246.
The trustee making the sale will be allowed his legal fee for filing the
petition, and commissions on the proceeds of the re-sale, but no other com-
pensation for the collection of the money. Different methods of coercing a
purchaser in default. Farmers' Bank v. Martin, 7 Md. 345. Cf. Farmers'
Bank v, Martin, 3 Md. Ch. 224.
This section is constitutional. Capron v. Devries, 83 Md. 224.
Object of this section; the law prior to its adoption. Warfield v. Dorsey,
39 Md. 303. And see Andrews v. Scotton, 2 Bl. 629.
This section held to apply to married women as well as to other pur-
chasers. Fowler v. Jacob, 62 Md. 329; Capron v. Devries, 83 Md. 223.
Cited but not construed in Barroll v. Fornian, 88 Md. 201.
See art. 93, sec. 292.
1904, art 16, sec. 210. 1888, art. 16, sec. 195. 1860, art. 16, sec. 132.
1785, ch. 72, sec. 9.
225. All sales made under a decree or order of the court shall be
made on such terms and conditions as the court may determine, except
where the sale is required by law to bo, made for ready money.
Ibid. sec. 211. 1888, art. 10, sec. 190. 1860, art. 16, sec. 133. 1785, ch. 72, sec. 9.
226. In case a sale shall be made on credit, the court may, upon
application of the mortgagee or creditor, direct any bond taken in conse-
quence of such sale to be assigned to such mortgagee or creditor, and
the assignee may sue on such bond in his own name.
Ibid. sec. 212. 1888, art. 16, sec. 197. 1860, art. 16. sec. 134. 1795, ch. 88, sec. 2.
227. The court may decree a sale of an equitable title in any case
where a decree for the sale of the legal title could be passed, and the
purchaser of such equitable title shall have the same remedy for obtain-
ing the legal title, that the person whose equitable interest he purchased
would have had if no sale had been made.
A creditors' bill insufficient under section 218, held not to be aided by this
section. Griffith v. Frederick Bank, 6 G. & J. 446.
Cited but not construed in Coombs v. Jordan, 3 Bl. 318.
Ibid. sec. 213. 1888, art. 16, sec. 198. 1862, ch. 156. 1868, ch. 273.
228. In all eases when one or more persons is or are entitled to
an estate for life or years or to an estate tail, fee simple, conditional, base
or qualified fee or any other particular, limited or conditional estate
in lands, and any person or persons is or are entilled to a remainder or
remainders, vested or contingent, or an executory devise or devises, or
any other interest, vested or contingent in the same land, on application
of any of the parties in interest, a court of equity may, it all the parties
in being are parties to the proceeding, decree a sale or lease thereof,
if it shall appear to be advantageous to the parties concerned, and shall
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