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Revised Code of the Public General Laws, 1879
Volume 388, Page 629   View pdf image (33K)
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ART. 65. ] PROCEEDINGS IN EQUITY. 629

EQUITABLE JURISDICTION OVER DOWER.

104 Courts of equity, concurrent jurisdiction
in dower
105 Conveyance by infant of dower, how con-
firmed
106 Allowance in sales in lieu of dower

107 Lands by joint owners maybe sold free
of dower
108 Assignment, where widow will not con-
sent to sale.

SPECIAL POWERS AND JURISDICTION OF COURTS OF EQUITY.

 

1. The judges of the several judicial circuits, and the judge of the
Circuit Court of Baltimore City, shall each, in his respective circuit,
have and exercise all the power, authority, and jurisdiction which
the Court of Chancery had at the adoption of the former Constitu-
tion of 1851.

Art 16, s 56
1852, c 16, s 1,
1851, c 122, s 2
Jurisdiction.
26 Md 33,
32 Md 147,
9 G & J 468

2. Each of the circuit judges may grant injunctions, or pass
orders or decrees in equity, at any place in his circuit, to take effect
in any part of his circuit, and may require in writing the original
papers in any case, or abstracts and transcripts to be produced
before him, wherever he may be in his circuit.

Id g 57
1852, c 16, ss
2, 4
Judge may, at
any place in cir-
cuit, pass orders,
etc.

3. Whenever lands lie partly in one county and partly in another,
or partly in a county and partly in the city of Baltimore, or when-
ever persons proper to be made defendants to proceedings in chan-
cery reside, some in one county and some in another, or some in a
county and some in the city of Baltimore, that court shall have juris-
diction in which proceedings shall have been first commenced; pro-
vided, that all proceedings for any partition of real estate, to fore-
close mortgages on land, or to sell lands under a mortgage, or to
enforce any charge or lien on the same, shall be instituted in the
court of the county or the city of Baltimore where such lands lie,
or if the lands lie partly in one county and partly in another, or
partly in one county and partly in the city of Baltimore, then such
proceedings may be commenced in either county or in the city of
Baltimore; but no sale or partition of lands under any such pro-
ceedings shall take place after the passage of this act, except under
the decree of a court, as hereinbefore provided, provided, that in
case of any sale of lands under a decree of a court in any county
where part only of the lands lie, a copy of the bill, decree, and
trustee's report of sale, and in case of partition of real estate, a
copy of the bill and the final decree of partition, certified under the
official seal by the clerk of the court in which the proceedings were
commenced, shall be filed in the clerk's office of the court of the
county, or of the city of Baltimore, where any other part of such
lands shall lie; and, on receipt of such copies by the clerk of such
court, it shall be his duty forthwith to docket and index the said
bill and other proceedings in his chancery docket, and to record the
same as though said cause had originated in his court

1870, c 450
Where land
situate partly
in one county
and partly in
another, or in
city of Balti-
more, or where
defendants re-
side in different
counties, etc
38 Md 75,

4. Where defendants reside in different counties, or in a county
and the city of Baltimore, the court where any one of the defendants

Art 16, s 59
1852, c. 16, ss
5, 6
Where defend-



 

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Revised Code of the Public General Laws, 1879
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