1718 ARTICLE 46.

An. Code, sec. 51. 1904, sec. 51. 1888, sec. 51. 1820, ch. 191, secs. 19, 21.

26. The person making an election to take the estate, or any part
thereof, at the valuation of the commissioners, at the time of making the
election shall give bond or bonds with two or more sufficient sureties, to
be approved by the court in which the proceedings may be had, to the other
person or persons entitled to said estate, for their several proportions of
the sum of money at which said estate is valued; which bonds shall bear
interest from the date of said election, and shall be made payable in such
instalments as the court shall direct; and such bonds shall be and remain
a lien on the lands, for the purchase of which they were given, until the
said bonds shall be wholly paid.

The lien provided for by this section has reference exclusively to the legal pro-
ceeding in which the election is made, the right of, which exists and can be exer-
cised without respect to consent of others. This section held to have no effect to
extend a vendor's lien. Thomas v. Farmers' Bank, 32 Md. 67. And see B. & O. R.
R. Co. v. Trimble, 51 Md. 107.

This section implies a preceding order of court before it can be complied with,
or a non-compliance can amount to a default. Jenkins v. Simms, 45 Md. 538.

For cases dealing with limitations and laches as applicable to the bond and lien
provided for by this section, see B. & 0. R. R. Co. v. Trimble, 51 Md. 109; Boyd v.
Harris, 2 Md. Ch. 213; Stem v. Cox, 16 Md. 538.

For a proceeding under this section held to be taken against the wrong parties,
see Stem v. Cox, 16 Md. 534.

This section referred to in construing secs. 16 and 19. Catlin v. Catlin, 60 Md. 582.
This section referred to in construing sec. 30. Ridgely v. Iglehart, 3 Bl. 546.
Cited but not construed in Iglehart v. Armiger, 1 Bl. 528.
See notes to secs. 30 and 40.

Sales by Commissioners.

An. Code, sec. 52. 1904, sec. 52. 1888, sec. 52. 1820, ch. 191, secs. 9, 11.

27. If all persons entitled to elect to take the estate, or any part thereof,
at the valuation, shall refuse, then the estate, or such part thereof as the
heirs may not elect to take, shall be sold by the said commissioners, or a
majority of them, for money or upon credit, and in the manner and agree-
ably to the terms and conditions which the court from which the commis-
sion issued shall prescribe and direct; and no sale so to be made shall be
valid until ratified by the said court, and the purchase money shall be
justly divided among the several persons interested, according to their
respective titles to the estate.

Where land is sold under act to direct descents, the mutation from realty to per-
sonalty is not effected until sale has been finally ratified, and purchaser has com-
plied with terms thereof. Betts v. Wirt, 3 Md. Ch. 115.

This section referred to in construing secs. 16 and 19. Catlin v. Catlin, 60 Md. 582.

An. Code, sec. 53. 1904, sec. 53. 1888, sec. 53. 1820, ch. 191, sec. 9.

28. But if all the parties entitled shall be minors at the death of the
intestate, the estate shall not be sold until the eldest arrives at age, and the
profits of the estate shall be equally divided in the meantime.
Cited but not construed in Catlin v. Catlin, 60 Md. 576.

An. Code, sec. 54. 1904, sec. 54. 1888, sec. 54. 1820, ch. 191, sec. 18.

29. When the estate of an intestate shall be sold on a credit, bonds shall
be taken for the purchase money from the purchaser or purchasers, by the