ART. 16] PLEADING, PRACTICE AND PROCESS. 431

foreclosure or sale aforesaid, filed by the executor or adminis-
trator of the mortgagee, shall have the same effect as if the
said heirs were parties.
Worthington v. Lee, 2 Bl. 685.

1888, art. 16, sec. 157. 1860, art. 16, sec. 113. 1841, ch. 259.

170. Under any bill of review, or other proceedings to set
aside or reverse any order or decree passed in any case in
which any infant or person mm compos mentis was interested,
on the ground that no testimony was taken to prove the allega-
tions in the bill or petition filed in such case, or that no repli-
cation was put in, it shall be lawful for the person interested
to supply said proof and pleas, in the same manner as the same
could have been furnished under such original bill or petition.
Earle v. Turton, 26 Md. 23. Smith v. Townshend, 27 Md. 368. Gregory
v. Leaning, 54 Md. 51.

Ibid. sec. 158. 1860, art. 16, sec. 114. 1820, ch. 161, sec. 8.

171. In deciding on exceptions to answers, the court may
award the costs of the exception and the order thereon to the
party prevailing, including a fee to the solicitor or attorney.

Ibid sec. 159. Rule 31.

172. In all cases where the plaintiff may have a joint and
several claim or demand against several persons, either as
principals or sureties, it shall not be necessary to bring before
the court, as parties to a suit concerning such claim or demand,
all the persons liable thereto; but the plaintiff may proceed
against one 6r more of the persons severally liable; but the
defendant may at once proceed by petition in the nature of a
cross-bill, against such party as is liable jointly with him, and
such party shall be permitted to make himself a party to the
original cause, and defend the same, and the proceedings in
the original cause shall, after the service of such petition, be
conclusive as to such other party; and if he shall appear
thereto, the same shall be conducted as if he had been made a
party thereto in the first instance.

Ibid. sec. 160. Rule 32.

173. In all suits concerning real or personal estate, where
the entire estate sought to be affected by the decree or order
prayed for is vested in trustees, under any deed, will or other
instrument, with an immediate and unqualified power of sale,
coupled with the right to give receipts, such trustees shall rep-
resent the persons beneficially interested under the trust, in