ART. 66. ] SALE, LEASE, OR PARTITION OF PROPERTY IN EQUITY. 657
or infants, and his, her, or their appearance by guardian to be ap-
pointed by said courts, and such other proceedings had as required
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for a decree of sale of infants' real estate; provided, upon a hearing
and examination of all the circumstances, it shall appear to said
courts that said sale was fairly and bona fide made, and that at the
date of said decree it was for the benefit and advantage of said in-
fant, or infants, to sell said lands, tenements, and real estate, or for
his, her, or their interest in the same; and, upon the confirmation
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Proviso.
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of said sale, all the proceedings had, in pursuance of said decree,
and in conformity thereto, including the deeds of the trustees there
made, or thereafter to be made, shall be as valid and binding upon
all parties, and shall confer as good title upon the purchasers as if
the proceedings upon which the original decree was passed had been
in strict conformity to the requirements of law.
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When proceed-
ings valid.
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17. In all cases where it shall appear to the court by proof, as
provided in the preceding section, that it would be for the benefit
and advantage of an infant to raise money, by mortgage, to im-
prove his real property, or to pay any charges, liens, or incumbrances
thereon, the com t may, on application of the guardian, or next
friend of such infant, decree the conveyance of any interest, estate,
or term of years of such infant in any lands or real estate by way
of mortgage, in such form and on such conditions as the court may
direct; and the court may direct the guardian of such infant to exe-
cute such conveyance The provisions of this section are to apply
to the interest or estate which any infant may hold, in common, or
jointly, with any person of full age, and to all interests or estates to
which any infant may be entitled, in reversion, remainder, or other-
wise, and may decree that the interest of the tenant of the particu-
lar estate, or the holder of the prior remainders, may be mortgaged
with the consent of such tenant or holder.
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Art 16, s 38.
1831, c 311, s 12;
1849, c 421
When property
of infants de-
creed to be
mortgaged
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18. Where an infant is entitled to any lands or tenements, or
chattels real, or is entitled to any particular estate for life, or for
years, or otherwise, or to a remainder or reversion, or executory de-
vise, or if an infant be entitled to any trust or use in or out of such
lands, real estate, or chattels real, or the rents, issues, and profits
thereof, in all such cases the court, on petition of the guardian or
next friend, and on being satisfied by proof, as in cases where a
guardian applies for the sale of an infant's real estate, that it would
be advantageous for said infant to demise such lands, real estate, or
chattels real, may decree that the same be demised for a term of
years, renewable forever, or otherwise, and yielding such rent and
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Id. s. 39.
1831, c 311, ss
2, 3, 1835, c. 430,
ss, 5, 9
Leasing of in-
fant's estate
3 Md. ch 262.
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on such terms and conditions as the court may direct; provided,
that where the infant is only entitled to a part of the estate, as
tenant of the particular estate, or remainderman, or otherwise, all
the owners of the other parts, so as to embrace the entire fee, if a
freehold estate, or the whole term, if leasehold, assent to the passing
of such decree.
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All owners to
be joined.
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