512 ARTICLE 16.

and unqualified power of sale, coupled with the right to give receipts, such
trustees shall represent the persons beneficially interested under the trust,
in the same manner and to the same extent as the executors or adminis-
trators in suits concerning personal estate represent the persons beneficially
interested in such personal estate; and in such cases it shall not be necessary
to make the persons benefically interested under the trust, parties to the
suit. But any party interested may, upon his own application, be allowed
to come in and be made a party to such proceeding, and the court or judge
thereof may, upon consideration of the matter on the hearing, if it should
be deemed proper, order such persons, or any of them, to be made parties.

A bill by church trustees to prevent the diversion of church property to im-
proper purposes, to recover possession of the property and to set aside a deed, held
not multifarious either as to misjoinder of parties or subject matter. Parties. Juris-
diction of equity. Brown v. Scott, 138 Md. 240.

The terms employed in creating a trust, held to bring it within the operation of
this section. Testamentary trustees, the only, necessary parties. McDevitt v.
Bryant, 104 Md. 191.

This section referred to as illustrating statutory authority for the representation
of absent persons in equity. The constitutionality of this section has never been
called in question. Kingan Packing Co. v. Lloyd, 110 Md. 626.

As to trustees, see sec. 247, et seq.

An. Code, sec. 183. 1904, sec. 174. 1888, sec. 161. Rule 31.

198. It shall not be necessary to dismiss the entire bill or petition in
any suit, because simply of the misjoinder of parties or the subject-matter
of the suit; but the court may dismiss the bill or petition, as to such of the
parties, plaintiff or defendant, as may be improperly joined, and may
dismiss the bill or petition as to such of the subject-matter as may be
improperly joined or included therein, so as to relieve the bill or petition
of the objection of being multifarious. And the court may, according to
the special circumstances of the case, to meet the requirements of justice,
and to prevent a multiplicity of suits, decree as between the plaintiffs, as
if they occupied positions of plaintiff and defendant upon the record, and
may so decree as between co-defendants to the cause; provided such decrees
shall be founded upon the allegations of the pleading between the plaintiffs
and defendants, and have immediate connection with the subject-matter of
the suit.

Where a bill is multifarious, a demurrer should be sustained and the bill, as to
the matter misjoined, dismissed under this section. Complainants may then proceed
as to subject-matter retained. Belt v. Bowie, 65 Md. 354.

The improvident joinder of one subject in a cross-bill, will not affect the jurisdic-
tion of the court to decree relief as to other subjects properly included. Hooper v.
Central Trust Co., 81 Md. 582.

Relief may be given to plaintiffs against co-plaintiffs, and to defendants against
co-defendants. Whitridge v. Whitridge, 76 Md. 62 (opinion of the lower court
concurred in by dissenting opinion).
As to a decree against the plaintiff, see sec. 231.
Secs. 196 to 200 referred to—see notes to sec. 197. Brown v. Scott, 138 Md. 240.

An. Code, sec. 184. 1904, sec. 175. 1888, sec. 162. Rule 32.

199. If the defendant shall, at the hearing of the cause, object that
the suit is defective for want of parties, not having by demurrer or answer
taken the objection, and therein specified by name or description the parties
to whom the objection applies, the court or judge thereof, if it be deemed