CHANCERY. 493

or any concurrent owner, whether claiming by descent or purchase, or if
it appear that said lands, tenements or hereditaments, or right, interest or
estate thereon cannot be divided without loss or injury to the parties inter-
ested, the court may decree a sale thereof, and a division of the money aris-
ing from such sale among the parties, according to their respective rights;
this section to apply to cases where all the parties are of full age and to cases
where all the parties are infants, and to cases where some of the parties are
of full age and some infants, and to cases where some or all of the parties are
non compos mentis, and also to apply to cases where any or all of the parties
are non-residents; and any party, whether of full age, infant or non compos
mentis may file a bill under this section, an infant by his guardian or
prochein ami, and a non compos mentis by his committee, and if any con-
tract hath been made for the sale of any lands, tenements or hereditaments
held as aforesaid, or any interest therein for or on behalf of any infant,
idiot or person non compos mentis which the court, upon hearing aforesaid
and examination into all the circumstances, shall think for the interest and
advantages, both of such infant, idiot or person non compos mentis, and of
the other person or persons interested therein to be confirmed, the court may
confirm such contract, and all sales and deeds made in pursuance of and
agreeably to an order of the court in the exercise of the above power shall
be good and sufficient in law to transfer the estate and interest of such
infant, idiot or .person non compos mentis in such lands, tenements or
hereditaments, according to the true intent and meaning of such deeds,
respectively; and in all cases of deeds executed in the exercise of the above
power, the same shall be executed and acknowledged by such person or
persons as the court may appoint for the purpose. And wherever any bill
or petition is filed under the provisions of this section for the sale of lands,
persons holding mortgages and other incumbrances on the said lands or
an undivided interest therein may be made parties to said bill, and the
said lands or interests therein shall be sold free and clear of such mort-
gages or other incumbrance, and the rights of the lienors shall be protected
in the distribution of the proceeds of the sale of such lands.

Parties.

A partition will not be decreed unless all co-tenants are parties. Dugan v. Balti-
more, 70 Md. 5.

Prior to the act of 1904, ch. 535, an incumbrancer, such as a mortgagee or judg-
ment creditor, was not a proper party to partition proceedings; contra since said
act. The act of 1904, ch. 535, held not applicable, the judgment creditor not being
made a party, as such. A judgment creditor who is not made a party is not affected
by partition proceedings. McCormick v. McCormick, 104 Md. 326; Thruston v.
Minke, 32 Md. 574; Adams v. Produce Exchange, 138 Md. 661. Cf. Baker v. Baker,
108 Md. 273.

By whom and against whom the bill should be filed where a partition of infant's
land is desired. Simpson v. Bailey, 80 Md. 423; Benson v. Benson, 70 Md. 257;
Downes v. Friel, 57 Md. 536; Bolgiano v. Cooke, 19 Md. 392.

The owner of the leasehold interest need not be made a party to a bill for the
partition or sale of a ground-rent. Brendel v. Klopp, 69 Md. 4.

As to tenants of the property being made parties, see Thruston v...Minke, 32 Md.
575.

Jurisdiction——Bill.

The jurisdiction under this section does not exist where parties hold separate,
consecutive interests—such as a life estate and a reversion—but is confined to