CHANCERY. 475

decree the sale of the real estate of such infant or person non compos mentis,
to save the personal.

Only those interested in both the real and personal property can institute suit
to have the real estate sold to save the personalty, and the creditors must be pro-
tected. The suit must be treated as a creditor's suit. Waring v. Waring, 2 Bl. 674.
Cited but not construed in Stein v. Stein, 80 Md. 309; Williams' Case, 3 Bl. 192.

An. Code, sec. 102. 1904, sec. 98. 1888, sec. 87. 1831, ch. 282, secs. 1, 2.

105. In any case where the surety of a sheriff, deputy sheriff or col-
lector of taxes shall apply to the court, by bill or petition, the court, on
being satisfied that such surety has suffered, or is likely to suffer loss or
damage by reason of his suretyship, may appoint a trustee to complete his
collections for the benefit of those concerned, and the court shall compel
such sheriff, deputy sheriff or collector, or his representatives, to answer
such bill or petition under oath, and disclose the state of his collections.
This section is a duplicate of art. 90, sec. 10.

An. Code, sec. 103. 1904, sec. 99. 1888, sec. 88. 1834, ch. 76, sec. 1.

106. If on the filing of a bill or petition under the preceding section,
or at any other period in the cause, it shall be made to appear to the court,
by affidavit, that an injunction is necessary to the security of the plaintiff,
the court may issue such injunction, and may appoint a receiver to take
charge of the collections of the defendant, and to perform the duty of the
trustee mentioned in the preceding section, till the further order of the
court; and the court may confer on him such powers, and pass such orders
as may be necessary to effect the objects of such injunction and receiver-
ship.

As to injunctions, see sec. 81, et seq.

This section is a duplicate of art. 90, sec. 11.

An. Code, sec. 104. 1904, sec. 100. 1888, sec. 89. 1831, ch. 282, sec. 3. 1834, ch. 76, sec. 1.

107. The court may order the delivery to the trustee or receiver men-
tioned in the two preceding sections, by any person, of all books, papers and
vouchers of or concerning the claims, demands and debts to be collected
by such trustee or receiver, and may compel such sheriff, deputy sheriff or
collector, or his executors, to disclose, under oath, all the books, papers and
vouchers aforesaid, and where they are deposited, and the persons having
the control or possession of the same; and such trustee or receiver is author-
ized to collect in the same manner, and by the same means that the officer
whose collections he is appointed to complete.
This section is a duplicate of art. 90, sec. 12.

An. Code, sec. 105. 1904, sec. 101. 1888, sec. 90. 1831, ch. 282, sec. 5.

108. The three preceding sections shall apply to executors and admin-
istrators of any officer therein named, and to the executors and adminis-
trators of the surety of any such officer; but if the bill or petition is not filed
till six years after the death of such sheriff, deputy sheriff or collector, or
until six years after the term of office has expired, then the trustee or
receiver appointed by the court shall make his collections in the mode
lawful for the recovery of debts.

This section is a duplicate of art. 90, sec. 13.