Page:United States Statutes at Large Volume 31.djvu/1256

 1204 Firrr-sixTH coiwaass. sms. 11. cu. sai. 1901. of the value in money; and if the oldest child or person entitled refuses to take the estate and pay to the others money for their proportions, then the next oldest child or person entitled, being of age, shall have the same election, and so on to the youngest child or person entitled; and if all refuse, then the property shall be sold as r€£&°°g,*gm§);§i{>én;g{ aforesaid; and in every case of partition any tenant in common who nmiig yiéssessien or may have received the rents and profits of the property to his own use p'°p°"y‘ or may have had the exclusive possession and enjoyment of the property may be required to account to his cotenants for their respective shares of said rents and profits, or, as the case maybe, for the value of the use and occupation of their undivided shares of the property; and any amounts found due on said accounting may be charged against the share of the party owing the same in the property or its proceeds in case of sale. Fmtee *° Sell- Sec. 94. TRUSTEE TO sELL.—If any person shall die having devised real estate to be sold for the payment of debts or other purposes without having appointed a trustee to sell or convey the property, or if the person so appointed shall neglect or refuse to execute the trust, or s all die before the execution of such trust, the said court shall have authority, on the application of any person interested, to appoint a trustee to sell and convey said property and apply the proceeds of sale Be¤d eftmetee- to the purposes intended. And in all cases W ere a trustee shall be appointed by last will and testament to execute any trust, and any person interested in the execution of such trust shall make it appear that it is necessary for the safety of those interested therein that the trustee should give bond and security for the due execution of the trust, the said court may order and (11I'€Ct that such bond be given by the trustee by a day named, and on failure of the trustee to give such bond, with security to be approved by the court as directed, the court may dis lace such trustee and appoint another in his stead, who shall give such bond; and such bond shall be given to the United States and may be sued on for the use of any erson interested. _fg‘g,‘§§,g“§,§p dwg, Sec. 95. MORTGAGES.·—IH all cases of application to said court to gnéiigglpggipgggvgssgfe foreclose any mortgage or ·deed of trust, the said court shall have em. ’ authority, instead of ecreeing that the mortgagor be foreclosed and _ barred from redeeming the mortgaged property, to order and decree _ that said property be sold and the proceeds be brought into court to ggiegélgim fer residue 1f, upon a sale of the whole mortgaged (property, the net proceeds ` shall be insufficient to pay the mortgage ebt, the court may enter a decree in personam against the mortgagor or other party to the suit who is liable for the payment of the mortgage debt for the residue of said debt remaining unsatisfied after applying to said debt the proceeds -P’°”?·*°·. of such sale: Provided That the complainant would be entitled to -—qua11fication. ,, . 7 , , , , , . . maintain an action at law or suit in equity for said residue; which decree shall have the same eifect and be enforced by execution in the g5;j,’€e§g’,Qggxl;°,,‘é’n€“‘ same manner as a judgment at law. And in suits to enforce a vendor’s g lien on real estate for unpaid purchase money similar relief may be' given by a,decree of sale and a decree in personam for the unsatisfied residue of the purchase money due. _ __:jg°gf°;é;f;g$§‘é§% _ Sec. 96. Dianrs or A DEoE1>ENT.—VVhen any person shall die leavpayee; ing any realestate in possession, remainder, or reversion, and not leaving personal estate sufficient to pay his debts, the said court, on any suit instituted by any of his creditors, may decree that all the real estate left by such person, or so much thereof as may be necessary, shall be sold to pay his debts; and this section shall apply to cases where the heirs or devisees are residents or nonresidents, are of full age or infants, are of sound mind or non compos mentis, and also to cases where the deceased left no heirs or it is not known whether he left heirs or devisees or the heirs or dcvisees be unknown; and if
 * ,}§2$,§§,p{§’§§§,S ‘§‘,{ be applied to the payment of the debt secured by said mortgage; and