532 ARTICLE 16.

Where a part interest in a patent is sold upon the agreement of the purchaser
to execute notes for the price, the fact that the seller has an action at law does
not deprive him of relief by specific performance. Principles controlling specific
performance. Teschner v. Falkenwalde, 135 Md. 117.

Policy, design and probable effect of this section. This section applied. Neal v.
Parker, 98 Md. 269.

Where specific performance is not refused on the " mere" ground that the
plaintiff has an adequate remedy at law, this section has no' application. Brehm v.
Sperry, 92 Md. 408.

Cited but not construed in Kingan Packing Assn. v. Lloyd, 110 Md. 624.

As to the enforcement of decrees for specific performance, see sec. 94.

As to decrees of specific performance against non-resident infants and non
compos, see sec. 133.

As to specific performance re transfer of corporate stock, see art. 23, secs. 57
and 59.

Trustee.

Ah. Code, sec. 232. 1904, sec. 216. 1888, sec. 200. 1785, ch. 72, sec 7. 1816, ch. 154, sec. 3.

247. In all cases where a decree for a sale passes, the court may appoint
a trustee to make such sale.

A trustee is the mere attorney of the court acting under specially delegated au-
thority. Andrews v. Scotton, 2 Bl. 637. And see Gibson's Case, 1 Bl. 139.

A trustee may be appointed to execute an assignment of a patent, if the patentee
fails to execute such assignment, as directed by a decree. Ager v. Murray, 105
U. S. 126.

Cited but not construed in Kingan Packing Assn. v. Lloyd, 110 Md. 624,

As to the appointment of a trustee to sell property or execute a deed; and the
general jurisdiction of equity under trusts, see sec. 97, et seq.

Re. appointment of trustee to make a sale directed by will, see sec. 97.

As to when trustees represent those beneficially interested, see sec. 197.

As to the appointment of a trustee to complete the collections of a sheriff or tax
collector, see sec. 105.

As to who is a trustee, see sec. 30.

See also notes to sec. 98.

For a form of a trustee's deed under a decree, see art. 21, sec. 61.

An. Code, sec. 233. 1904, sec. 217. 1888, sec. 201. 1785, ch. 72, sec. 8. 1790, ch. 60.
1816, ch. 154, sec. 3. 1842, ch. 70. 1845, ch. 166, sec. 1. 1910, ch. 212 (p. 61).

248. Every trustee appointed by decree to make a sale before he sells,
shall give bond to the State of Maryland, with surety or sureties, to be
approved by the judge of the court or the clerk thereof in such penalty as
the said judge may prescribe; provided, that whenever the surety on said
bond is a corporation authorized by the laws of this State to qualify as
such, the amount of the penalty of the bond shall be an amount not exceed-
ing the probable value of the property to be sold by said trustee; and
nothing herein shall prevent the court from increasing the penalty of any
bond to such an amount as it may see proper, for sufficient cause shown; said
bond to be conditioned that stich trustee shall faithfully perform and exe-
cute the trust reposed in him, and such trustee shall report, under oath,
any sale he may make to the court, and also report his proceedings when-
ever he may be required by the court.

This section applies to a grantee in a deed who has the duties of a trustee, al-
though he is not so named. Design and liberal construction of this section. Fur-
long v. Edwards, 3 Md. 114 (dissenting opinion); Keighler v. Nicholson, 4 Md.
Ch. 93.

This section held not to require a deed of trust to be recorded. Purpose of this
section. Bryan v. Hawthorne, 1 Md. 524.

This section referred to in construing art. 5, sec. 57—see notes thereto. Harris v.
Regester, 70 Md. 119.