170 CHANCERY—PARTITION. [ART. 16.

non-resident defendants named in a bill in chancery; and any
decree which may be passed shall have the same effect against
such unknown person or persons, whether claiming by descent,
purchase or in any other manner, and against his or their heirs,
executors or administrators and assigns, as if such unknown
person or persons had been made a defendant or defendants by
name in said bill.

Partition.

P. G. L, (1860,) art. 16, sec 99 1785, ch 72, sec 19 1790, ch 38 1794, ch.

60, sec. 8. 1797, ch 114, sec. 5, 1800, ch 67, sec 3 1818, ch 193,

sec 11. 1820, ch 191, sec 48 1831, ch 311, secs. 1, 9.

1832, ch 302, sec 4. 1886, ch. 232.

116. The court may decree a partition of any lands, tene-
ments or hereditaments, or any right, interest or estate therein,
either legal or equitable, on the bill or petition of any joint
tenant, tenant in common, or any parcener or any concurrent
owner, whether claiming by descent or by purchase; or if it
appear that said lands, tenements or hereditaments, or right, in-
terest or estato therein, cannot ho divided without loss or injury
to the parties interested, the court may decree a bale thereof, and
a division of the money arising from such sale among the par-
ties, according to their respective rights; this section to apply to
cases where all the parties are of full age, and to cases where all
the parties are infants, and to cases where some of the parties are
of full age and some infants, and to cases where some or all of
the parties are non compotes mentis; and also to apply to cases
where any or all of the parties are non-residents; and any party,
whether of full age, infant or non compos mentis, may file a bill
under this section; an infant, by his guardian or prochein ami,
and a non compos mentis, by his committee; and if any contract,
hath been made for the sale of any lands, tenements or heredita-
ments, held as aforesaid, or of any interest therein, for or on
behalf of any infant, idiot or person non compos mentis, which
the court, upon hearing as aforesaid and examination into all the
circumstances, shall think for the interest and advantage both of
such infant, idiot or person non compos mentis, and of the other-
person or persons interested therein to be confirmed, the court
may confirm such contract, and order a deed to be executed
according to the contract; and all sales and deeds, made in pursu-