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The Maryland Code, Public General Laws, 1888
Volume 389, Page 199   View pdf image
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ART. 16.] CHANCERY—SPECIFIC PERFORMANCE. 199

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 are parties who would be entitled if the con-
tingency 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
nnder any person from whom any of the parties to such decree
claim, or from or nnder or by the original deed or will by which
such particular, limited or conditional estates, with remainders or
executory devises, were created.

Downin v. Sprccher, 35 Md. 474. Shreve v. Sbreve, 43 Md. 382 Winter v.
Gorsuch, 51 Md. 182. Druid Park Heights Co. v. Oettmger, 53 Md. 46. Long
v. Long, 62 Md. 33. Newbold v. Schlens, 66 Md 587.

Specific Performance.

1888, ch. 263.

199. No court shall refuse to specifically enforce a contract on
the mere ground that the party seeking its enforcement has an ad-
equate remedy in damages, unless the party resisting its specific
enforcement shall show to the court's satisfiction that he has prop-
erty from which such damages may be made, or shall give bond,
with approved security, in a penalty to be fixed by the court, to
perform the contract or pay all such costs and damages as may, in
any court of competent jurisdiction, be adjudged against him for
breach or non-performance of such contract.

Trustee.

P. G. L., (1860,) art. 16, sec. 135. 1785, ch. 73, sec. 7. 1816, ch. 154, sec. 3.

200. In all cases where a decree for a sale passes, the court
may appoint a trustee to make such sale.
Worthington v. Lee, 61 Md. 530.

Ibid. sec. 136. 1785, ch. 72, sec. 8. 1790, ch. 60. 1816, ch. 154, sec. 3.
1842, ch. 70. 1845, ch. 166, sec. 1.

201. Every trustee appointed by decree to make a sale, before
he sells, shall give bond to the State, in such penalty as the court
or the judge thereof may prescribe, and with surety or sureties to
be approved by the judge of the court or the clerk thereof, with
condition that such trustee shall faithfully perform and execute
the trust reposed in him, and such trustee shall report, under oath.

 

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The Maryland Code, Public General Laws, 1888
Volume 389, Page 199   View pdf image
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