CHANCERY 635

An. Code, 1924, sec. 238. 1912, sec. 223. 1904, sec. 208. 1888, sec. 193. 1835, ch. 380, sec. 2.

247. The court may decree a sale to enforce a vendor's lien upon any
estate in lands, whether legal or equitable, or may decree a sale to enforce
any other equitable lien thereon, although the complainant may have a
perfect remedy at law for the money for which the lien is claimed.

This section applied. Bratt v. Bratt, 21 Md. 584.

This section referred to in construing sec 248—see notes thereto. Stephens v.
Magruder. 31 Md. 173.

As to mechanic's liens, see art. 63.

As to vendor's liens, see art. 66, sec. 32, et seq.

An. Code, 1924, sec. 239. 1912, sec. 224. 1904, sec. 209. 1888, sec. 194. 1841, ch. 216.

248. The court shall have full power and authority, on application by
bill or petition of the trustee appointed by said court to sell real estate, to
compel the purchaser thereof to comply with all or any of the terms of such
sale, by process of attachment or other execution suited to the case; or the
said court, upon such application, may direct the property purchased to be
re-sold, at the risk of such purchaser, upon such terms as the court may
direct; and in such case, if the proceeds of the resale, after payment of
the expenses thereof and of all costs of proceeding, shall not be equal to the
payment of the purchase money originally bid therefor, the court may order
and direct the difference to be paid by the said purchaser, and enforce such
order by execution.

This section referred to in holding that there was no reversible error in order directing
resale of property. This section applies to sales made under powers in mortgages. Mid-
dendorf v. Baltimore Refrigerating Co., 117 Md. 23.

Upon a resale the property is not to be regarded as belonging to the defaulting
purchaser. Where a mortgage is being foreclosed, the mortgagor is entitled to except
to the ratification of the resale. Werner v. Clark, 108 Md. 630; Dalrymple v. Taneyhill,
4 Md. Ch. 175.

Where a .purchaser pays part of the purchase money in cash, and gives a bond for
the balance, payment of the latter may be enforced by petition under this section.
Stephens v. Magruder, 31 Md. 171.

Where a purchaser is insolvent a sale to him although finally ratified may be aban-
doned and rescinded, the property sold again, and a clear title conveyed to the second
purchaser. Sloan v. Safe Deposit Co., 73 Md. 246.

The trustee making the sale will be allowed his legal fee for filing the petition, and
commissions on the proceeds of the re-sale, but no other compensation for the collection
of the money. Different methods of coercing a purchaser in default. Farmers' Bank v.
Martin, 7 Md. 345. Cf. Farmers' Bank v. Martin, 3 Md. Ch. 224.

This section is constitutional. Capron v. Devries, 83 Md. 224.

Object of this section; the law prior to its adoption. Warfield v. Dorsey, 39 Md.
303. And see Andrews v. Scotton, 2 Bl. 629.

This section held to apply to married women as well as to other purchasers. Fowler
v. Jacob, 62 Md. 329; Capron v. Devries, 83 Md. 223.

Judgment in personam entered before order nisi is passed and served on defaulting
purchaser in case of foreclosure sale, is void, and may be collaterally attacked by
creditor of defaulting purchaser. Mercantile Bank v. Md. Title Guar. Co., 153 Md. 324.

This section applies to sales under powers as well as to sales by trustees appointed
by court. Court is vendor in resale. Bilbrey v. Strahorn, 153 Md. 495.

Where purchaser has failed to comply with terms of sale, the court may, on applica-
tion of trustee appointed to make the sale, order resale at purchaser's risk. Miller v.
Mitnick, 163 Md. 114.

Cited but not construed in Barroll v. Forman, 88 Md. 201.

See art. 93, sec. 303.

An. Code, 1924, sec. 240. 1912, sec. 225. 1904, sec. 210. 1888, sec. 195. 1785, ch. 72, sec. 9.

249. All sales made under a decree or order of the court shall be made
on such terms and conditions as the court may determine, except where the
sale is required by law to be made for ready money.