536 ARTICLE 16.

cient that a bond has been accepted and filed in the county in which the deed
has been first recorded.

This section makes void the sale of property under a deed of trust to secure an
issue of bond unless the trustee gives bond, and the filing of the bond after sale
and before ratification, does not cure the defect. Trust company held not exempt
by its charter (from giving bond), its appointment as trustee being under a deed.
Union Trust Co. v. Ward, 100 Md. 99. And see Real Estate Co. v. Union Trust
Co., 102 Md. 46; Cummings v. Wildman, 116 Md. 314.

Where a sale is set aside on account of the failure of the trustee to give a bond
as required by this section, the expenses of said sale must be borne by the trustee
if the omission to give the bond was due to its negligence; contra if the trustee
acted prudently and under the advice of reputable counsel. Real Estate Co. v.
Union Trust Co., 102 Md. 45.

Question whether this section made it necessary for a committee to file a bond
before selling property and then report the sale to a court of equity, not passed
on. Errors easily corrected—necessary proceeding to perfect title. Proper parties.
Richardson v. Malthan, 133 Md. S43.

See notes to secs. 252 and 258.

An. Code, sec. 239. 1904, sec. 223. 1900, ch. 123. 1910, ch. 122 (p. 62).

254. All sales heretofore made, and all deeds, demises and other instru-
ments of writing, granting and conveying real, personal or mixed estates
heretofore executed and delivered by the trustee or trustees to whom any
estate, real, personal or mixed had heretofore been limited and conveyed
for the benefit of creditors, or to be sold for any other purpose; or as
security for debt, or to be sold upon a contingency, and who .gave bond
with but one surety, shall be and the same are hereby made valid and
effective to pass title and valid to all intents and purposes, as if the said
bond given by the said trustee or trustees had had two sureties or more
thereon, as required by section 252, or section 253, of article 16, Anno-
tated Code of Public Civil Laws of Maryland; provided, that such trustee
or trustees has or have complied with all the other requirements of law,
and such sales, deeds, demises and other instruments of writing are in
conformity with the law; provided that such sales have been ratified; and
provided further, that nothing in this section shall affect the interest of
bona fide purchasers and incumbrances without notice, and creditors who
may have become such prior to April 5, 1910; and provided, nevertheless,
that nothing in this section shall operate to divest any lien or claim upon
property passing under such trustee's deed which may now exist, or which
may hereafter arise, for the benefit and protection of any cestui que trust,
the purchase money may not have been properly applied.

An. Code, sec. 240. 1904, sec. 224. 1888, sec. 206. 1874, ch. 483, sec. 108.

255. Where upon an investigation of the circumstances of the case, the
circuit court for the county, or circuit court or circuit court No. 2 or supe-
rior court of Baltimore city shall be satisfied that it would be improper to
require a bond to be given for double the amount of .the property placed in
the hands, or made subject to the disposition of said trustee, the court may
prescribe the amount of the bond to be given by such trustee.

This section referred to in construing sec. 252—see notes thereto. Philbin v.
Thurn, 103 Md. 348.

Art. 81, sec. 117, of the Code of 1860 (analogous in its provisions to this sec-
tion), cited but not construed in Sixth Ward Bldg. Assn. v. Willson, 41 Md. 512.