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Session Laws, 1975
Volume 716, Page 617   View pdf image
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MARVIN MANDEL, Governor

617

contingency. See Art. 16, §§ 175 and 176 (An.
Code, 1957). Both sections provided that no
sale made by any such trustee without the
required bond would be valid or pass any title
to the property or the estate. Section 1 of
Ch. 36, Acts of 1962 repealed sales upon a
contingency and repealed and amended other
sales by trustees. Article 16, §175, as
amended, refers to the Maryland Rules, which
requires only one surety on the bond. This
section presently appears as subsection (a) of
this section. These changes occurred less
than 20 years ago and therefore title by
adverse possession would not be a basis for
arguing that title was in the grantee of a
defective sale, his successors, and assigns.

The tern "conveyance" refers to all sales,
deeds, devises, and other instruments of
writing, granting, and conveying real personal
or mixed estates. It is used for the purpose
of uniformity of style.

(C) RATIFICATION OF SALE BY COURT.

A SALE BY AN ASSIGNEE FOR THE BENEFIT OF CREDITORS
IS NOT VALID UNLESS RATIFIED BY THE COURT.

REVISOR'S NOTE: This subsection presently appears as
Art. 16, §183.

The word "ratified" is substituted for
"confirmed" because the latter is obsolete.
Rule BR6b provides for ratification and not
confirmation of sale made by a trustee.

The term "assignee" is substituted for
"trustee" because of the changed application
of this section, as noted in the revisor's
notes to subsections (a) and (b).

The only other changes are in style.

GENERAL REVISOR'S NOTE

In revising this subtitle, the Commission to Revise
the Annotated Code concluded that the provisions of
present Art. 47, except those as revised and not
contained in §§ 15—101 and 15—102 of this subtitle, are
preempted by the Federal Bankruptcy Act. Accordingly,
these provisions of Art. 47 are proposed for repeal.

The Commission also concluded that present Art. 16,
§183A, which expressly limits present Art. 16, §§ 175,

 

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Session Laws, 1975
Volume 716, Page 617   View pdf image
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