CHANCERY. 511

An. Code, sec. 178. 1904, sec. 169. 1888, sec. 156. 1833, ch. 283.

193. It shall not be necessary in any case for the foreclosure or sale
of mortgaged property, to make the heirs of the mortgagee parties to the
same, but any decree upon any bill for foreclosure or sale aforesaid, filed
by the executor or administrator of the mortgagee, shall have the same
effect as if the said heirs were parties.

For a note discussing how far this section has made a change in the nature of the
estate of heirs of the mortgagee, etc., see 2 Bl. 685.
As to a sale of mortgaged property, see sec. 232.
As to mortgages, see art. 66.

An. Code, sec. 179. 1904, sec. 170. 1888, sec. 157. 1841, ch. 259.

194. Under any bill of review, or other proceedings to set aside or
reverse any order or decree passed in any case in which any infant or
person non compos mentis was interested, on the ground that no testimony
was taken to prove the allegations in the bill or petition filed in such case,
or that no replication was put in, it shall be lawful for the person inter-
ested to supply said proof and pleas, in the same manner as the same could
have been furnished under such original bill or petition.

Where in partition proceedings under sec. 152, there is no proof that the land
cannot be divided without loss, etc., the defect may be removed by a bill of re-
view and the proof supplied under this section. Earle v. Turton, 26 Md. 36.
This section applied. Gregory v. Lenning, 54 Md. 57.

An. Code, sec. 180. 1904, sec. 171. 1888, sec. 158. 1820, ch. 161, sec. 8.

195. In deciding on exceptions to answers, the court may award the
costs of the exception and the order thereon to the party prevailing, includ-
ing a fee to the solicitor or attorney.

This section applied. Bank of Maryland v. Dugan, 2 Bl. 257.
As to costs in appeals from courts of equity, see art. 5, sec. 71.

An. Code, sec. 181. 1904, sec. 172. 1888, sec. 159. Rule 28.

196. In all cases where the plaintiff may have a joint and several claim
or demand against several persons, either as principals or sureties, it shall
not be necessary to bring before the court, as parties to a suit concerning
such claim or demand, all the persons liable thereto; but the plaintiff may
proceed against one or more of the persons severally liable. But the defen-
dant may at once proceed by petition in the nature of a cross-bill, against
such party as is liable jointly with him, and such party shall be permitted
to make himself a party to the original cause, and defend the same, and the
proceedings in the original cause shall, after the service of such petition, be
conclusive as to such other party, and if he shall appear thereto, the same
shall be conducted as if he had been made a party thereto in the first
instance.

Secs. 196 to 200 referred to—see notes to sec. 197. Brown v. Scott, 138 Md. 240.

An. Code, sec. 182. 1904, sec. 173. 1888, sec. 160. Rule 29.

197. In all suits concerning real or personal estate, where the entire
estate sought to be affected by the decree or order prayed for is vested
in trustees, under any deed, will, or other instrument, with an immediate