578 ARTICLE 16

The circuit court for Prince George's County has jurisdiction under this section over
a bill to enjoin the foreclosure of certain mortgages upon land in that county. Fowler v.
Pendleton, 121 Md. 299.

Intent of this section. Notice should be given by record in the clerk's office of the
county where the land lies, at least before a sale of the land. The better practice is
to send to said court a certified copy of each proceeding as soon as it is filed. History of
this section. Rights of innocent purchasers and mortgagees. Murguiondo v. Hoover,
72 Md. 14. And see Walker v. Cockey, 38 Md. 78.

This section has no application to a bill to enforce the assignment of a lien, which is
radically different from a bill to enforce a hen. Contingencies provided for by this sec-
tion. The last sentence of this section must be read in connection with what precedes
it. This section has no application to specific performance. Dorsey v. Omo, 93 Md. 81;
Hopper v. Brodie, 130 Md. 446.

This section has no effect upon sales made pursuant to powers in mortgages executed
under art. 66. Walker v. Cockey, 38 Md. 78.

The act of 1870, ch. 450, held to have no retrospective operation, and hence not to
affect decrees passed before it went into effect. Johnson v. Johnson, 52 Md. 669.

This section and sec. 97 have no application to a proceeding to foreclose a mortgage in
Baltimore City under an assent to a decree. Ahrens v. Ijams, 158 Md. 413.

See notes to sec. 96.

An. Code, 1924, sec. 91. 1912, sec. 88. 1904, sec. 84. 1888, sec. 73. 1852, ch. 16, secs. 5, 6.

96. Where defendants reside in different counties or in a county and
the city of Baltimore, the court where any one of the defendants resides
shall have jurisdiction, and the bill or other proceedings may be filed or
had in such court.

This section is applicable to all equity cases in which the defendants reside in dif-
ferent counties or in a county and the city of Baltimore, except where there is some
other special provision, as for instance, sec. 95; this is true notwithstanding art. 75, sec.
157. Hopper v. Brodie, 130 Md. 445.

This section referred to in construing Art. 11, Sec. 97. Allender v. Ghingher, 170
Md. 167.

Cited but not construed in Evans v. Zouck, 172 Md. 15.

An. Code, 1924, sec. 92. 1912, sec. 89. 1904, sec. 85. 1888, sec. 74. 1840, ch. 109, sec. 6.
1841, ch. 303. 1870, ch. 450, sec. 2.

97. In case of the lands of any deceased person which may lie in more
than one county, or in the city of Baltimore, and one or more counties,
becoming liable to the payment of his debts, or where lands have been or
may be mortgaged which lie in more than one county or in the city of Bal-
timore and one or more counties, then all such lands may be sold under a
decree of the court of that county or of the city of Baltimore, in which the
proceedings to sell the same shall be first commenced, and in such case a
copy of the bill, decree and trustee's report of the sale shall be sent to the
clerks of the proper courts where such lands may respectively lie, to be
docketed, indexed and recorded, as provided in section 95.

The act of 1870, ch. 450, held to have no retrospective operation, and hence not to af-
fect decrees passed before it went into effect. Johnson v. Johnson, 52 Md. 669.
As to the sale of land for the payment of debts, see sec. 242.
Cited but not construed in Evans v. Zouck, 172 Md. 15.
See notes to sec. 95.

An. Code, 1924, sec. 93. 1912, sec. 90. 1904, sec. 86. 1888, sec. 75. 1787, ch. 30. 1852, ch. 16.

98. Where all the defendants are non-residents, the bill shall be filed
in the court of the county or city where the property to be affected by such
bill, or some part thereof, lies, or shall be at the time the suit is instituted.
As to non-residents, see sec. 137, et seq.

An. Code, 1924, sec. 94. 1912, sec. 91. 1904, sec. 87. 1888, sec. 76. 1785, ch. 72, sec. 13.

1841, ch. 303. 1852, ch. 16.

99. Where a decree has been made for a specific performance of a con-
tract, or the conveyance of land, or for the sale of land, the court passing