176 ARTICLE 16.

owned by husband and wife as tenants by the entireties. Roberts v. Roberts,

160 Md. 522.

Cited but not construed in Bushman v. Bushman, 157 Md. 172; Wald v. Wald,

161 Md. 500

Under this section and sec. 15, held that suit for alimony must be brought in
jurisdiction where defendant resides and alimony proceeding cannot be
amended to a divorce proceeding, in which alimony is made incident thereto.
Woodcock v. Woodcock, Daily Record, June 20, 1935.

See notes to sec. 39.

15.

Cited but not construed in Bushman v. Bushman, 157 Md. 172; Wald v. Wald,
161 Md. 500.

See notes to sec. 14.

1935, ch. 261.

16A. In all cases where alimony or alimony pendente lite and counsel
fees are claimed, the court shall not award such alimony or counsel fees
unless it shall appear from the evidence that the wife's income is insufficient
for her needs?

Amendment.

17.

This section and rule 17 give court very wide discretion in allowing or refus-
ing amendments before final decree, but where amendment involves new party,
he should have same right of review as original party. Buckner v. Jones, 157
Md. 247.

An appeal does not He from order sustaining demurrer to bill of complaint
for relief by way of injunction, with leave to plaintiff to amend within pre-
scribed time, when plaintiff does not amend but takes appeal after expiration
of prescribed time, without decree of court dismissing bill of complaint. Mass
v. Mass, 165 Md. 344.

19.

Distribution by receiver of building association should not be approved with-
out order of court auditor. Mendelis v. Building & Loan Assn., Daily Record,
April 20, 1935.

Books and Papers, Production of.

26.

Original jurisdiction of equity as to bills of discovery not abolished by statute
for production of books and papers. Affidavit not necessary to bill of complaint.
Sufficiency of bill for discovery. This section an affirmance of general equity
powers. See notes to art. 75, sec. 106. Hill v. Pinder, 150 Md. 406.

Deeds.

35.

Recording of mortgage after six months' period does not operate as construc-
tive notice, unless pursuant to order of court. Kinsey v. Drury, 146 Md. 230.

This section and its construction in Dyson v. Simmons, 48 Md. 207, referred
to in construing art. 21, sec. 55—see notes thereto. In re Rosen, 23 F. (2nd),
(D. Ct. Md ), 688.

See notes to art. 66, sec. 25.