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The Maryland Code Public General Laws, 1904
Volume 393, Page 417   View pdf image (33K)
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ART. 16] NON RESIDENTS—PARTITIONS. 417

be sufficient to substantially describe such unknown person or
persons in the bill as the unknown person or persons interested
in said reversion, by, through or under the original lessor or
lessors, naming him or them; and the court shall order notice
by publication to be given to such unknown person or persons,
according to his or their description in the bill, and the same
proceedings shall be had against such unknown person or
persons as are had against 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.

1888, art 16, sec 116. 1860, art. 16, sec. 99. 1785, ch 72, sec. 12. 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. 1900, ch. 205 1904, ch, 635.

129. The court may decre.e 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 purchase, or if it ap-
pear that said lands, tenements or hereditaments, or right,
interest or estate thereon cannot be divided without loss or in-
jury to the parties interested, the court may decree a sale
thereof, and a division of the money arising from such sale
among the parties, 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 hereditaments held as aforesaid, or
any interest therein for or on behalf of any infant, idiot or
person non compos mentis which the court, upon hearing afore-

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The Maryland Code Public General Laws, 1904
Volume 393, Page 417   View pdf image (33K)
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