ART. 16] JURISDICTION. 405
or estate therein, and the same shall be liable to any mortgage,
trust, lien, or in any way charged with the payment of money,
the court shall have the same power to decree in such case as
if such infant were of full age, or such non compos mentis of
sound mind.
Lamar v. Jones, 3 H. & McH. 328. Prutzman v. Pitesell, 3 H. & J. 77.
Watkins v. Worthington, 2 Bl 509. Williams' Case, 3 Bl. 186. Tomlinson
v. McKaig, 5 Gill, 256. Bolgiano v. Cooke, 19 Md. 396.
1888, art. 16, sec. 85. 1860, art. 16, sec 72. 1773, ch. 7, sec. 2. 1778, ch.
22, sec. 4. 1785, ch. 80, sec. 2. 1791, ch. 79, sec. 4. 1841, ch. 259.
96. Where an infant, or person non compos mentis, is entitled
to any real or personal property in this State bound by any
contract, or where an infant or a non compos mentis claims any
right in such property under any contract, the court, in either
case, shall have the same power to decree the execution of such
contract, or to pass any just and proper decree that the court
would have if all the parties were of full age and sound mind;
provided, that in all decrees for specific performance of a con-
tract against an infant, such infant may, at any time within six
months after he arrives at full age, have review of such decree ;
and if such infant dies under age, his heir or proper repre-
sentative may have a review of such decree either within six
months after the death of such infant, or within six months
after such heir or representative attains full age.
Ibid. sec. 86. 1860, art. 16, sec. 73. 1778, ch. 22, sec. 2. 1818, ch. 193,
sec. 8. 1819, ch. 163.
97. The court may, with the assent of the guardian of an
infant, or the trustee or committee of a person nan compos
mentis, and the consent of the other persons of full age and
sound mind, who may be interested, decree the sale of the real
estate of such infant or person non compos mentis, to save the
personal.
Ibid. sec. 87. 1860, art 16, sec. 74. 1831, ch. 282, secs. 1, 2.
98. In any case where the surety of a sheriff, deputy sheriff
or collector of taxes shall apply to the court, by bill or peti-
tion, the court, on being satisfied that such surety has suffered,
or is likely to suffer loss or damage by reason of his surety-
ship, may appoint a trustee to complete his collections for the
benefit of those concerned, and the court shall compel such
sheriff, deputy sheriff or collector, or his representatives, to
answer such bill or petition under oath, and disclose the state
of his collections.
|
|