2012 ARTICLE 46

of the commissioners, or a majority of them, or the survivors or survivor
of them, to convey to the purchaser or purchasers, by deed duly executed
and acknowledged according to law, all the right, title, claim, interest and
estate of the deceased intestate to the lands and premises sold by them in
virtue of their commission; and every such deed shall be recorded in the
time limited by law.

An. Code, 1924, sec. 42. 1912, sec. 67. 1904, sec. 67. 1888, sec. 67. 1820, ch. 191, sec. 25.

43. Whenever any estate shall be sold, and the purchaser shall die or
shall assign his equitable interest therein before any deed shall be exe-
cuted for the estate sold, then and in that case the court, on the applica-
tion of the heir, devisee or assignee of such purchaser, and being satisfied
that the purchase money has been fully paid, agreeably to the terms of sale,
shall order and direct the commissioners who shall have made such sale,
or a majority of them, or the survivors or survivor of them, to execute and
deliver to such heir, devisee or assignee, a deed for the said estate, in the
same manner as is hereinbefore provided for respecting deeds to be exe-
cuted to purchasers.
This section referred to in construing sec. 31. Ridgely v. Iglehart, 3 Bl. 548.

An. Code, 1924, sec. 43. 1912, sec. 68. 1904, sec. 68. 1888, sec. 68. 1820, ch. 191, secs. 40,
41, 42. 1822, ch. 48. 1827, ch. 208, sec. 1.

44. In case of the death, inability, refusal to act, or removal out of the
State, of all or any of the commissioners, without having performed the
duties prescribed by such commission, it shall be the duty of the court
issuing the commission, on the application of any person interested, to
appoint as many commissioners as will fill such vacancies; and such new
commissioners shall, in connection with the remaining commissioners, if
any be remaining, and if none remaining, then the new commissioners
shall execute the commission in the same manner as if they had been
originally named therein.

An. Code, 1924, sec. 44. 1912, sec. 69. 1904, sec. 69. 1888, sec. 69. 1820, ch. 191, secs. 26,

32. 1832, ch. 53.

45. In all cases where land has been sold by commissioners, or where
any person has elected to take land at the valuation thereof, the court
issuing the commission, upon being satisfied that the purchase money for
said land has been paid or brought into court to be paid to the person or
persons entitled to the same may, upon the application of the purchaser or
person electing to take, or any other person who may have become entitled
to said land in any manner, order a deed of conveyance to be made to such
purchaser or person entitled, and also appoint one of said commissioners,
or in case of the death or absence of all of them, some other person to
execute such deed; and such deed, when so executed by such commissioner
or other person, and recorded as deeds are required by law to be executed
and recorded, shall vest in the person to whom the same may be made the
legal title to said lands.

An. Code, 1924, sec. 45. 1912, sec. 70. 1904, sec. 70. 1888, sec. 70. 1820, ch. 191, sec. 16.

46. No proceedings of any commissioners under this article shall be
set aside for matter of form.
See notes to sec. 10.