Marvin Mandel, Governor 1113
able possession of it, either under color of title, or under claim of
right by reason of his or his predecessor's adverse possession for
the statutory period, may, when his title thereto, or any part thereof,
is denied or disputed, or when any other person claims or is claimed,
of record or otherwise, to own the property, or any part of interest
in it, or to hold any lien or encumbrance on it, whether the hostile
outstanding claim is being actively asserted or not, and when no
action at law or any proceeding in equity is pending to enforce or
test the validity of such title, lien or encumbrance, or other adverse
claim, maintain a suit in equity in the circuit court of the county in
which the property lies, to quiet, or remove any such cloud from the
title, or determine any such adverse claim. The proceeding shall be
deemed to be a proceeding in rem or quasi in rem; provided, however,
that the only relief sought in said proceedings be a decree that the
plaintiff has absolute ownership, and the right of disposition,, of the
property, and an injunction against the assertion by the persons
named as parties defendant of their said claim by any action at law,
or otherwise. Any person who appears of record, or claims or is
claimed to have such hostile outstanding right, shall be made a
defendant in said proceedings.
14-109. Ejectment when grantor remains in possession after de-
livery of deed and in violation of agreement.
(a) In general.—The District Court has jurisdiction in any case
in which it appears that the grantor of property has remained in
possession of the property after delivery of a deed for the property
and in violation of written agreement to deliver possession of the
property at a time stated in said agreement. Where the grantor
fails or refuses to surrender the premises in accordance with the
agreement, the grantee may complain in writing to the District
Court in the county in which the premises are situated and the
court forthwith shall issue summons to the grantor commanding him
to appear on a day named and show cause why possession of the
premises in dispute should not be granted the grantee. If the court
finds that the facts set forth in the complaint are true, it shall give
judgment for immediate possession and shall issue its warrant to
the sheriff commanding him to deliver possession of the premises to
the grantee, the provisions of any public general or local law to the
contrary notwithstanding.
(b) Appeals.—Any person who feels aggrieved by a judgment
rendered under the provisions of this section shall have the right of
appeal upon giving notice within ten days from the rendition of the
judgment. If the grantor is the appellant, the notice of appeal shall
be accompanied by an affidavit that an appeal is not taken for delay,
and a bond conditioned that he will prosecute the appeal with effect
and will pay all costs in the case before the District Court, and in the
appellate court, and all loss or damage which the grantee may
suffer by reason of the grantor's remaining in possession, and the
grantor may retain possession of the premises until the determina-
tion of the appeal.
14-110. Virtual representation—Sale, lease or mortgage of prop-
erty subject to remainder or vested or contingent interest.
When any person is entitled to an estate for life or years or to an
estate tail, fee simple, conditional, base or qualified fee, or any other
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