636 ARTICLE 16

An. Code, 1924, sec. 241. 1912, sec. 226. 1904, sec. 211. 1888, sec. 196. 1785, ch. 72, sec. 9.

250. In case a sale shall be made on credit, the court may, upon appli-
cation of the mortgagee or creditor, direct any bond taken in consequence
of such sale to be assigned to such mortgagee or creditor, and the assignee
may sue on such bond in his own name.

An. Code, 1924, sec. 242. 1912, sec. 227. 1904, sec. 212. 1888, sec. 197. 1795, ch. 88, sec. 2.

251. The court may decree a sale of an equitable title in any case where
a decree for the sale of the legal title could be passed, and the purchaser
of such equitable title shall have the same remedy for obtaining the legal
title, that the person whose equitable interest he purchased would have
had if no sale had been made.

Creditors' bill insufficient under sec. 242, held not to be aided by this section. Griffith
v: Frederick Bank, 6 G. & J. 446.

Cited but not construed in Coombs v. Jordan, 3 Bl. 318.

An. Code, 1924, sec. 243. 1912, sec. 228. 1904, sec. 213. 1888, sec. 198. 1862, ch. 156.

1868, ch. 273.

252. In all cases when one or more persons is or are entitled to an
estate for life or years or to an estate tail, fee simple, conditional, base or
qualified fee, or any other particular, limited or conditional estate in lands,
and any person or persons is or are entitled to a remainder or remainders,
vested or contingent, or an executory devise or devises, or any other interest,
vested or contingent in the same land, on application of any of the parties
in interest, a court of equity may, if all the parties in being are parties to
the proceeding, decree a sale or lease thereof, if it shall appear to be ad-
vantageous to the parties concerned, and shall direct the investment of the
proceeds of sale or the limitations of the reversion and rent, as the case may
be, so as to enure in like manner as by the original grant to the use of the
same parties who would be entitled to the land sold or leased, and all such
decrees, if all the persons or parties who would be entitled if the contin-
gency had happened at the date of the decree, shall bind all persons whether
in being or not, who claim or may claim any interest in said land under any
of the parties to said decree, or under any person from whom any of the
parties to such decree claim, or from or under or by the original deed
or will by which such particular, limited or conditional estates, with re-
mainders or executory devises, were created.

Jurisdiction—Bill.

All parties in .interest and in being who would be entitled, if the contingency had
happened at the date of the decree, must be parties, and a sale must appear (either by
proof or admissions of parties competent to bind themselves), to be advantageous,
otherwise the court has no jurisdiction. These conditions must be complied with at
the date of the decree. Ball v. Safe Deposit Co., 92 Md. 506; Snook v. Munday, 90
Md. 702; Devecmon v. Shaw, 70 Md. 228; Forbes v. Littell, 138 Md. 214, And see
Scarlett v. Robinson, 112 Md. 206; Levering v. Gosnell, 115 Md. 588; Gittings v. Morris,
156 Md. 575.

All parties in interest and in being who entitled if contingency had happened at
date of decree, must be parties to .proceedings, and sale must appear to be advantageous
to all parties concerned. Bill need not allege in words that sale advantageous. Peper v.
Traeger, 152 Md. 176.

Equity has no jurisdiction to direct sale of property free from wife's inchoate dower,
as that is right which cannot be extinguished except by release. This section not ap-
plicable. Roth v. Roth, 144 Md. 554.

Where the parties to the bill are all the interested parties in being and the bill alleges
that a sale would be advantageous to the parties concerned, the court has jurisdiction,
notwithstanding a further statement in the bill that the object of the sale is to prevent
a sale of the life estate for taxes, and that the proceeds of the sale were to be used
for that purpose and not to be reinvested. Test of jurisdiction. The provision in this