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The Maryland Code Public General Laws, 1904
Volume 393, Page 395   View pdf image (33K)
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ART. 16] INFANTS. 395

1888, art 16, sec. 54. 1860, art. 16, sec. 42. 1831, ch 311, secs. 4, 5.

59. Where the owner of the particular estate for life or
years, or for other estate, is of full age, the court may, on his
application, and with the consent of all the owners of the
other parts of the estate, decree a demise; or if the person
whose consent is required to authorize a decree for a demise be
an infant, or being of full age, shall refuse to assent, the court
may, if such person be made a defendant, on considering the
pleadings and evidence in the case, determine whether a decree
should be made, and decree accordingly.
Hitch v. Davis, 3 Md. Ch. 262. Long v. Long, 62 Md. 33.

Ibid. sec. 55. 1860, art. 16, sec 43 1831, ch. 311, secs. 6-13.
60 The five preceding sections shall apply to cases where
any or all of the defendants are non-residents, and such non-
resident defendants may be proceeded against in the same
manner as non-resident defendants in other cases; provided,
that non-resident infants, against whom their guardian or next
friend may file a petition or bill for the sale, mortgage, demise
or exchange of their lands or property, shall be proceeded
against as directed in cases where a guardian applies for the
sale of such infant's real estate.

Ibid sec. 56. I860, art. 16, sec. 44. 1835, ch. 367, sec. 2.

61. Upon the application of the guardian or next friend of
an infant, the court may, if it appears for the benefit and
advantage of such infant, authorize and decree an exchange of
real estate or chattels real in which such infant has any estate,
interest, trust or property or benefit, for other real estate or
chattels real, or interest, trust or property therein; and the
court, in decreeing such exchange, may not require equality or
sameness in the quantity or character of the estate or interests,
and the court may appoint trustees to execute the deeds neces-
sary to carry such exchange into effect.

Ibid. sec. 57. 1860, art. 16, sec. 45. 1816, ch. 154, sees. 5, 6, 7.
1886, ch. 281. 1890, ch. 18.

62. When the real estate or leasehold property of an infant
or in which an infant is interested has been, or may hereafter
be, sold upon the application of his guardian or prochein a/mi,
or by virtue of or under a decree of court, in a case to which
such infant is a party, or by virtue of a power contained in a
mortgage upon such real estate or leasehold property, the court
decreeing or ratifying such sale may, upon the application of


 

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The Maryland Code Public General Laws, 1904
Volume 393, Page 395   View pdf image (33K)
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