1112                            Laws of Maryland                      [Ch. 349

equally shared between the grantor and grantee. This section shall
not apply to mortgages or deeds of trust.

14-105. When real estate broker entitled to commission.

Whenever, in the absence of special agreement to the contrary, a
real estate broker employed to sell, buy, lease or otherwise negotiate
real or leasehold estates or mortgages, or loans thereon, procures in
good faith a purchaser, seller, lessor or lessee, mortgagor or mort-
gagee, borrower or lender, as the case may be, and the person so
procured is accepted as such by the employer, and enters into a valid,
binding and enforceable written contract of sale, purchase, lease,
mortgage, loan or other contract, as the case may be,, in terms ac-
ceptable to the employer, and such contract is accepted by the
employer and signed by him, the broker shall be deemed to have
earned the customary or agreed commission, as the case may be,
whether or not the contract entered into be actually performed,
unless the performance of such contract be prevented, hindered or
delayed by any act of the broker.

14-106. Accountability to cotenant for rent received from third
party.

A tenant in common or joint tenant of property, who receives rent
from a third party for the use and enjoyment of the property, is
accountable to his cotenant or cotenants for that portion of the rent
over and above his proportionate share.

14.-107. Partition.

The circuit courts may decree a partition of any property, or any
right, interest or estate or property, 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. If it appear that the property, or right, interest or estate
therein cannot be divided without loss or injury to the parties in-
terested, the court may decree its sale, and a division of the money
arising from the sale among the parties, according to their respective
rights. The right to a partition or sale includes the right to a partition
or sale of any one or more of several separate lots or tracts of
property, and for the bill or petition need not pray for a partition of
all of the lots or tracts. This section applies whether or not some or
all of the parties plaintiff or defendant are minors, disabled, or non-
residents. A sale and deed made pursuant to an order of the court in
the exercise of the above power is good and sufficient in law to
transfer the estate and interest of any such person. A deed executed
in the exercise of the above power shall be executed by the person
the court appoints for the purpose. Wherever any bill or petition is
filed hereunder for the sale of property, any person holding mort-
gage or other encumbrance on the property or an undivided interest
therein may be made a party to the bill, and the property or interests
therein shall be sold free and clear of the mortgage or other encum-
brance, but the rights of a lienor shall be protected in the distribution
of the proceeds of the sale.

1 4-108. Quieting title.

Any person who is in actual peaceable possession of property or,
if the property is vacant and unoccupied, in constructive and peace-