CHANCERY. 529

An. Code, sec. 227. 1904, sec. 212. 1888, sec. 197. 1795, ch. 88, sec. 2.

242. The court may decree a sale of an equitable title in any case where
a decree for the sale of the legal title could be passed, and the purchaser
of such equitable title shall have the same remedy for obtaining the legal
title, that the person whose equitable interest he purchased would have
had if no sale had been made.

Creditors' bill insufficient under sec. 233, held not to be aided by this section.
Griffith v. Frederick Bank, 6 G. & J. 446.
Cited but not construed in Coombs v. Jordan, 3 Bl. 318.

An. Code, sec. 228. 1904, sec. 213. 1888, sec. 198. 1862, ch. 156. 1868, ch. 273.

243. In all cases when one or more persons is or are entitled to an
estate for life or years or to an estate tail, fee simple, conditional, base or
qualified fee, or any other particular, limited or conditional estate in lands,
and any person or persons is or are entitled to a remainder or remainders,
vested or contingent, or an executory devise or devises, or any other interest,
vested or contingent in the same land, on application of any of the parties
in interest, a court of equity may, if all the parties in being are parties to
the proceeding, decree a sale or lease thereof, if it shall appear to be ad-
vantageous to the parties concerned, and shall direct the investment of the
proceeds of sale or the limitations of the reversion and rent, as the case may
be, so as to enure in like manner as by the original grant to the use of the
same parties who would be entitled to the land sold or leased, and all such
decrees, if all the persons or parties who would be entitled if the contin-
gency had happened at the date of the decree, shall bind all persons whether
in being or not, who claim or may claim any interest in said land under any
of the parties to said decree, or under any person from whom any of the
parties to such decree claim, or from or under or by the original deed
or will by which such particular, limited or conditional estates, with re-
mainders or executory devises, were created.

Jurisdiction—Bill.

All parties in interest and in being who would be entitled, if the contingency
had happened at the date of the decree, must be parties, and a sale must appear
(either by proof or admissions of parties competent to bind themselves), to be
advantageous, otherwise the court has no jurisdiction. These conditions must be
complied with at the date of the decree. Ball v. Safe Deposit Co., 92 Md. 506;
Snook v. Munday, 90 Md. 702; Devecmon v. Shaw, 70 Md. 228; Forbes v. Litt-ell,
138 Md. 214. And see Scarlett v. Robinson, 112 Md. 206; Levering v. Gosnell,
115 Md. 588.

Where the parties to the bill are all the interested parties in being and the bill
alleges that a sale would be advantageous to the parties concerned, the court has
jurisdiction, notwithstanding a further statement in the bill that the object of the
sale is to prevent a sale of the life estate for taxes, and that the proceeds of the
sale were to be used for that purpose and not to be reinvested. Test of jurisdiction.
The provision in this section as to the investment of the proceeds is secondary
to the provision authorizing the decree of sale, though the intention is that the
proceeds of sale shall be invested. Generally a purchaser at a judicial sale who has
paid the purchase money need not concern himself with its subsequent application.
Powell v. Bailey, 138 Md. 171.

Bill held sufficient to give the court jurisdiction under this section; parties; title
upheld. Saml. Ready School v. Safe Deposit & Trust Co., 121 Md. 517.

For a bill filed by a life tenant against the trustees and remaindermen praying
a sale under this section, see Poultney v. Emerson, 117 Md. 656.

The court has a right to decree a sale at the instance of a life tenant; jurisdiction,
under this section upheld. Krone v. Linville, 31 Md. 144.