CHANCERY 603

Where the answer to a bill for the partition of a ground-rent shows that the validity
of an outstanding lease is questioned, the court should hold the bill for a reasonable
time so that such validity may be tested. Partition or a sale will be decreed, although
the expenses of the proceeding more than consume the value of the property. Brendel
v. Klopp, 69 Md. 4.

Partition may be decreed although certain infant defendants are entitled to executory
devises in the land sought to be sold. Harris v. Harris, 6 G. & J. 115; Tolson v. Bryan,
130 Md. 341.

Where land is sold under this section, the mutation from realty to personalty does
not take place until the sale has been ratified and the purchaser has complied with its.
terms. Betts v. Wirt, 3 Md. Ch. 116.

Receivers are sometimes appointed to collect rents pending partition proceedings—
see notes to sec. 222. Baker v. Baker, 108 Md. 277.

In order that a sale might be decreed under the act of 1785, ch. 72, sec. 12, it must
have been proved that all parties interested would be benefited by the sale. The fact
that infants were complainants did not dispense with the necessity of such proof, nor
did the answer of an infant, nor the answer of adult defendants, admitting such
facts. Amendment. Watson v. Godwin, 4 Md. Ch. 25. Cf. House v, Wiles, 12 G. & J. 338.

Except for this section, judgment creditor would not, as rule, be proper party to
partition case in which debtor is interested. Right to caveat will. Lee v. Keech, 151 Md.
37.

Partition may be had under this section on bill filed by fee simple owner of undivided
one-third interest against remaindermen in fee in other two-thirds, although complain-
ants also own life estate in latter. Bosley v. Burk, 154 Md. 31.

Allegation to entitle to sale under this section should be direct and specific, and
especially when proceedings for sale are made after mortgage proceedings have been
instituted and bond of attorney named in mortgage has been filed. Tucker v. Hudson,
158 Md. 13.

Cited but not construed in Kirkpatrick v. Lewis, 159 Md. 69.

Nothing in this section restricts sale to a minimum or upset price. Kemp v. Waters,
165 Md. 523.

This section does not authorize suit by cotenant mortgagors for sale of mortgaged land
after proceedings have been taken by mortgagee for sale of same for default in payment.
Hughes v. Fed. Land Bank, 172 Md. 305.

As to the 'proof of the title 'of the co-owners, and other matters necessary to be
proved under this section, see Calwell v. Boyer. 8 G. & J. 146; Warfield v. Gambrill,
1 G. & J. 503.

For a case involving an agreement between tenants in common for a partition, and
the right of set-off of a judgment in a partition proceeding, see Norwood v. Norwood,
4 H. & J. 112.

For cases construing the acts of 1797, ch. 114; 1794, ch. 60, and 1785, ch. 72, see
Snowden v. Snowden, 1 Bl. 550; Gibson v. Tilton, 1 Bl. 353; Walker v. Parker, 13
Pet. 174.

For a note dealing with this section, and distinguishing it from other analogous
sections, see Tomlinson v. McKaig, 5 Gill, 256.

As to the rights of tenants of property sought to be partitioned, see Thruston v.
Minke, 32 Md. 575.

This section referred to in construing sec. 49—see notes thereto. Mitchell v. Farrish,
69 Md. 238.

This section referred to in construing sec. 69—see notes thereto. Hitch v. Davis,
3 Md. Ch. 265.

This section referred to in construing sec. 127—see notes thereto. Hamilton v. Traber,
78 Md. 32.

Cited but not construed in Presstman v. Mason, 68 Md. 89; Krone v. Linville, 31
Md. 144; Williams' Case, 3 Bl. 197; Hammond v. Hammond, 2 Bl. 346; Buckingham
v. Peddicord, 2 Bl. 454-6; Corse v. Polk, 1 Bl. 234; Spurrier v. Spurrier, 1 Bl. 478:
Carter v. Calvert, 4 Md. Ch. 218.

As to the partition of personal property, see sec. 244; see also Hewitt's Case, 3 Bl. 184;
Crapster v. Griffith, 2 Bl. 5 and note (c).

As to the sale of lands free of dower, see sec. 48, et seq.

See sec. 49 and notes.

An. Code, 1924, sec. 153. 1912, sec. 138. 1908, ch. 242.

160. The right to a partition or a sale under section 159 shall include
the right to a partition or a sale of any one or more of several separate lots
or tracts of land held as mentioned in said section, and it shall not be
necessary for the bill or petition to pray for a partition or a sale of all of
the several lots or tracts so held.