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The Maryland Code Public General Laws, 1904
Volume 393, Page 447   View pdf image (33K)
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ART. 16] SPECIFIC PERFORMANCE—TRUSTEE. 447

said lands so mortgaged of all such persons, whether in being
or not.

Specific Performance.

1888, art. 16, sec. 199. 1888, ch. 263.

215. No court shall refuse to specifically enforce a contract
on the mere ground that the party seeking its enforcement has
an adequate remedy in damages, unless the party resisting its
specific enforcement shall show to the court's satisfaction that
he has property 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.

Brehm v. Sperry, 92 Md. 408.


Trustee.

Ibid. sec. 200. 1860, art. 16, sec. 135. 1785, ch. 72, sec. 7. 1816, ch. 154, sec. 3.

216. 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. 201. 1860, art. 16, sec. 136 1785, ch. 72, sec. 8. 1790, ch. 60.
1816, ch. 154, sec. 3. 1842, ch. 70. 1845, ch. 166, sec. 1.

217. 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 per-
form and execute the trust reposed in him, and such trustee
shall report, under oath, any sale he may make, to the court,
and also report his proceedings whenever he may be required
by the court.

Boteler v. Brookes, 7 G. & J. 143 Brooks v. Brooke, 12 G. & J 307 Lee
v Admrs. of Boteler, 12 G. & J. 326. Ringgold's Case, 1 Bl. 27 Gibson's
Case, 1 Bl. 144 Dawes v. Thomas, 4 Gill, 333. Perrin v Keithley, 9 Gill,
412. Goldsborough v. Ringgold, 1 Md. Ch. 239 Harrison v. Harrison, 1
Md. Ch. 331. Folck v. Smith, 13 Md. 85 Bolgiano v. Cooke, 19 Md. 377.
Cumberland C. & I. Co. v. Sherman, 20 Md. 117.

Ibid. see. 202. 1860, art. 16, sec 137. 1785, ch. 72, sec. 9.

218. No sale made by a trustee appointed by the court shall
be valid unless such sale is confirmed by the court; and the


 

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The Maryland Code Public General Laws, 1904
Volume 393, Page 447   View pdf image (33K)
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