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Revised Code of the Public General Laws, 1879
Volume 388, Page 654   View pdf image (33K)
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654 SALE, LEASE, OR PARTITION OF PROPERTY IN EQUITY. [ART. 66.

Id s 130
1835, c 380, s 2
Enforcement of
vendor's lien or
equitable hen
21 Md 308, 439,
579, 29 Md 112,
30 Md 263, 422,
31 Md 568, 35
Md 469
Id s 131
1841, c 216
Court may com-
pel purchaser to
comply
7 Md 345, 28
Md 145, 30 Md
231 31 Md 168,
39 Md 299.

5. 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 complain-
ant may have a perfect remedy at law for the money for which the
hen is claimed.
6. The court shall have full power and authority, on the applica-
tion 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 applica-
tion, may direct the property purchased to be re-sold, at the risk of

Proceedings

such purchaser, upon such terms as the court may direct ~, and in

Re-sale.

such case, if the proceeds of the re-sale, after payment of the ex-
penses 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

Id s 132
1785, c 72, s 9
Court to pre-
scribe terms of
sale

7. 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.

Id s 133
1785, c 72, s 9
Assignment of
bonds for pur-
chase-money

8. In case a sale shall be made on credit, the court may, upon
application 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.

Id s 134
1795, c 88, s 2
Sale of equitable
title

9. 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

Remedy of
purchaser

for obtaining the legal title, that the person whose equitable interest
he purchased would have had if no sale had been made.

Id s 65
1818, c 193, s 9
Confirmation
of sales made
by executors
33 Md 588

10. Where a sale has been made by an executor under a sup-
posed authority derived from a will, the court may, at its discre-
tion, confirm such sale, on hearing of the parties interested, or ex
parte, in cases where a bill might be taken pro confesso.

SALE OF BURIAL GROUNDS.

1868, c 211
Sale of burial
grounds
39 Md 681.

11. Upon any bill being filed for the sale of any ground dedi-
cated and used for the purposes of burial in which lots have been
sold and deeds executed or certificates issued to the purchasers of
such lots, provided such lots shall be no longer used for burial pur-

Notice by pub-
lication to lot-
holders

poses, the court may order notice to be given by publication in one
or more newspapers published in the city or county in which the
ground to be sold may he situate, stating the substance and object
of the said bill, and containing the names of the original lot-holders
or their assignees if known, warning all the lot-holders, whether they
be residents or non-residents, adults, or infants, to appear on or
before a day fixed in such order and show cause why the relief



 

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Revised Code of the Public General Laws, 1879
Volume 388, Page 654   View pdf image (33K)
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