Reports of Cases Argued and Determined in the Court of Appeals of Maryland (Volume 52)

Book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1881. Not illustrated. Excerpt: ... Mary Clare Johnson and William N. Ballard Johnson Vs. Alexander T. Johnson, and others. Section 58 of Article 10 of the Code--Act of 1870, ch. 450, not Retrospective in its operation. Section 58 of Article 16 of the Code, before it was amended by the Act of 1870, ch. 450, provided that: ' Whenever lands lie partly in one county and partly in another, or partly in a county, and partly in the City of Baltimore, or whenever persons, proper to be made defendants to proceedings in chancery, reside some in one county, and some in another, or some in a county, and some in the City of Baltimore, that Court shall have jurisdiction in which proceedings shall have been first commenced. A bill was filed in the Circuit Court of Baltimore City, where the defendants resided, allegingtb&t certain land situated entirely in Baltimore County, could not be divided without loss to the parties interested, and praying for a sale of the same, and for a division of the proceeds arising therefrom. A decree was passed on the 19th of June, 1866, directing the sale of the land, and appointing trustees to make the sale. The land was sold and the sale reported to the Court; but the sale was afterwards set aside for cause. Before any further effort to sell was made, the Act of 1870, ch. 450, amending sec. 58 of Art. 16 of the Code, was passed. By this Act two provisoes were added to the section. The first was as follows: provided, that all proceedings for any partition of real estate, to forclose mortgages on land, or to sell lands under a mortgage, or to enforce any charge or lien on the same, shall be instituted in the Court of the County or the City of Baltimore where such lands lie, or if the lands lie partly in one county and partly in another, or partly in one county and partly in the City...