528 ARTICLE 16.

any other equitable lien thereon, although the complainant may have a
perfect remedy at law for the money for which the lien is claimed.

This section applied. Bratt v. Bratt, 21 Md. 584.

This section referred to in construing sec. 239—see notes thereto. Stephens v.
Magruder, 31 Md. 173.
As to mechanic's liens, see art. 63.
As to vendor's liens, see art. 66, sec. 31, et seq.

An. Code, sec. 224. 1904, sec. 209. 1888, sec. 194. 1841, ch. 216.

239. The court shall have full power and authority, on application by
bill or petition of the trustee appointed by said court to sell real estate, to
compel the purchaser thereof to comply with all or any of the terms of such
sale, by process of attachment or other execution suited to the case; or the
said court, upon such application, may direct the property purchased to be
re-sold, at the risk of such purchaser, upon such terms as the court may
direct; and in such case, if the proceeds of the re-sale, after payment of
the expenses thereof and of all costs of proceeding, shall not be equal to the
payment of the purchase money originally bid therefor, the court may order
and direct the difference to be paid by the said purchaser, and enforce such
order by execution.

This section referred to in holding that there was no reversible error in order
directing resale of property. This section applies to sales made under powers in
mortgages. Middendorf v. Baltimore Refrigerating Co., 117 Md. 23.

Upon a re-sale the property is not to be regarded as belonging to the defaulting
purchaser. Where a mortgage is being foreclosed, the mortgagor is entitled to ex-
cept to the ratification of the re-sale. Werner v. Clark, 108 Md. 630; Dalrymple v.
Taneyhill, 4 Md. Ch. 175.

Where a purchaser pays part of the purchase money in cash, and gives, a bond
for the balance, payment of the latter may be enforced by petition under this sec-
tion. Stephens v. Magruder, 31 Md. 171.

Where a purchaser is insolvent a sale to him although finally ratified may be
abandoned and rescinded, the property sold again, and a clear title conveyed to the
second purchaser. Sloan v. Safe Deposit Co., 73 Md. 246.

The trustee making the sale will be allowed his legal fee for filing the petition,
and commissions on the proceeds of the re-sale, but no other compensation for the
collection of the money. Different methods of coercing a purchaser in default.
Farmers' Bank y. Martin, 7 Md. 345. Cf. Farmers' Bank v. Martin, 3 Md. Ch. 224.

This section is constitutional. Capron v. Devries, 83 Md. 224.

Object of this section; the law prior to its adoption. Warfield v. Dorsey, 39 Md.
303. And see Andrews v. Scotton, 2 Bl. 629.

This section held to apply to married women as well as to other purchasers.
Fowler v. Jacob, 62 Md. 329; Capron v. Devries, 83 Md. 223.

Cited but not construed in Barroll v. Forman, 88 Md. 201.

See art. 93, sec. 301.

An. Code, sec. 225. 1904, sec. 210. 1888, sec. 195. 1785, ch. 72, sec. 9.

240. All sales made under a decree or order of the court shall be made
on such terms and conditions as the court may determine, except where the
sale is required by law to be made for ready money.

An. Code, sec. 226, 1904, sec. 211. 1888, sec. 196. 1785, ch. 72, sec. 9.

241. In case a sale shall be made on credit, the court may, upon appli-
cation of the mortgagee or creditor, direct any bond taken in consequence
of such sale to be assigned to such mortgagee or creditor, and the assignee
may sue on such bond in his own name.