172 CHANCERY. [ART. 16

as to sales in. equity shall be followed. After the audit has been stated
and confirmed the Court shall, upon proper application by the guardian,
committee or trustee, direct that the net proceeds of any sale or sales' be
transferred to the foreign jurisdiction wherein the non compos mentis
resides and was adjudicated as such.

Partition.

137.

The bill of a concurrent owner held to be in strict conformity with this
section. The test of the court's jurisdiction is whether a demurrer will
lie to the bill; the court is not divested of its jurisdiction merely because
the answer and proof deny the plaintiff's legitimacy. Barron v. Zimmer-
man, 117 Md. 298.

Pleadings, Practice and Process.

142.

The granting of an injunction and the appointment of a receiver prior
to the filing of a bill of complaint condemned. Dixon v. Dixon, 119 Md.
415.

146.

A fee of a solicitor for infants appointed under this section, upheld. De
Beam v. Winans, 115 Md. 152.

155.

This section recognizes the principle that every bill in equity must con-
tain a clear statement of the facts upon which the plaintiff relies for
relief; requisites of a bill for specific performance and for an injunction.
McDowell v. Biddison. 120 Md. 125; Chesapeake Beach Co. v. Hall, 121
Md. 654.

156.

The prayer for process in an amended bill held to be in conformity with
this section. It is pointed out that the original bill contained the name
and address of the then sole defendant and thus gave all the information
that would have been given if such name and address had been repeated
in the prayer for process. Longley v. McGeoch, 115 Md. 186.

See notes to section 36.

157.

A defendant should assign some satisfactory reason for the delay, and
the petition should be verified by his oath, but the sufficiency of the rea-
sons assigned are not reviewable by the Court of Appeals, nor are the
terms upon which the defendant is allowed to answer, such matters being
within the discretion of the lower court. Applying the above principles,
a decree may be rescinded and a replication filed after a bill has been
dismissed for failure to file it. The fact that a petition by a party in
default was not sworn to and was in the names of the solicitors instead
of the plaintiffs, does not justify the Court of Appeals in reviewing the
action of the lower court. Norris v. Abies, 115 Md. 67.

158.

Where there are no exceptions to the demurrers referred to in the court
below, and an "additional demurrer" states the grounds of the demurrer
and challenges the petitioner's right to the relief prayed, an order was not
reversed because of such defects in the original demurrers. Continental
Trust Co. v. Balto. Refrig. Co., 120 Md. 460.