MARVIN MANDEL, Governor
(B) APPEAL BY PERSON AGGRIEVED.

ANY PERSON WHO FEELS AGGRIEVED BY A JUDGMENT UNDER
THE PROVISIONS OF THIS SECTION, MAY APPEAL ON GIVING
NOTICE WITHIN TEN DAYS AFTER THE JUDGMENT IS GIVEN. IF
THE APPELLANT IS THE GRANTOR, THE NOTICE OF APPEAL SHALL
BE ACCOMPANIED BY AN AFFIDAVIT, THAT AN APPEAL IS NOT
TAKEN FOR DELAY , AND BY A BOND. THE BOND SHALL BE
CONDITIONED THAT HE WILL PROSECUTE THE APPEAL WITH
EFFECT, AND WILL PAY ALL COSTS IN THE CASE BEFORE THE
DISTRICT COURT AND APPELLATE COURT IF JUDGMENT IS IN
FAVOR OF THE GRANTEE, AND ALL LOSS OR DAMAGE WHICH THE
GRANTEE SUFFERS BY REASON OF THE GRANTOR'S REMAINING IN
POSSESSION. THE BOND ALSO SHALL PROVIDE THAT THE GRANTOR
MAY RETAIN POSSESSION OF THE PREMISES UNTIL THE
DETERMINATION OF THE APPEAL.

REVISOR'S NOTE: This section presently appears as
Art. 21, §14-109 of the Code. New language is
added in subsection (b) to clarify that the
grantor must pay court costs only if the
judgment is in favor of the grantee. The only
other changes are in style.

14-110. SALE, LEASE, OR MORTGAGE OF PROPERTY SUBJECT TO
REMAINDER OR VESTED OR CONTINGENT INTEREST; VIRTUAL
REPRESENTATION.

(A)    COURT TO DECREE SALE, LEASE, OR MORTGAGE.

IF ANY PERSON ENTITLED TO AN ESTATE FOR LIFE OR
YEARS OR TO AN ESTATE TAIL, FEE SIMPLE, CONDITIONAL, BASE
OR QUALIFIED FEE, OR ANY OTHER PARTICULAR, LIMITED, OR
CONDITIONAL ESTATE IN PROPERTY, AND ANY OTHER PERSON IS
ENTITLED TO A VESTED OR CONTINGENT REMAINDER, EXECUTORY
DEVISE, OR ANY OTHER VESTED OR CONTINGENT INTEREST IN THE
SAME PROPERTY, ON APPLICATION OF ANY OF THE PARTIES IN
INTEREST AND IF ALL PARTIES IN BEING ARE PARTIES TO THE
PROCEEDING, A COURT OF EQUITY MAY DECREE A SALE, LEASE,
OR MORTGAGE IF IT APPEARS TO BE ADVANTAGEOUS TO THE
PARTIES CONCERNED. THE COURT SHALL DIRECT THE INVESTMENT
OF THE PROCEEDS OF THE SALE, MORTGAGE, OR LIMITATIONS OF
THE REVERSION AND RENT AS THE CASE MAY BE, SO THESE INURE
TO THE USE OF THE SAME PARTIES WHO WOULD BE ENTITLED TO
IT IF THE PROPERTY IS SOLD, LEASED, OR MORTGAGED.

(B)   VIRTUAL REPRESENTATION.

IF EVERY PERSON WHO WOULD BE ENTITLED TO THE
PROPERTY IF THE CONTINGENCY HAPPENED AT THE DATE OF THE
DECREE IS A PARTY, THE DECREE BINDS EVERY PERSON WHETHER
HE IS IN BEING OR NOT, WHO CLAIMS OR MAY CLAIM ANY
INTEREST IN THE PROPERTY UNDER ANY PARTY TO THE DECREE,
UNDER ANY PERSON FROM WHOM ANY PARTY TO THE DECREE

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