HOYE v. PENN.—1 BLAND. 35

with Abraham Ferree and Basil Warfield as his sureties; that
James had sold his interest in the land to Abraham; that the
trustee, having brought suit and obtained judgment on the bond,
had sued out a fieri facias, which, having been levied on the land,
so sold to James, it had been accordingly advertised to be sold;
that if sold by the sheriff for cash, it would not sell for more than
one-third * of its value; and that a sale on terms would be
more advantageous to all concerned. Whereupon these
petitioners prayed, that the land might be decreed to be sold upon
such terms as might be deemed proper, &c.

JOHNSON, C., 25th October, 1823.—It is not perceived, that there
is any necessity for a decree on the subject of this application; but
the trustee is authorized to suspend the sheriff's sale; he is the
legal creditor, and has the control over the judgments, and can
give such directions as shall appear most advisable, as the person
who has the equitable title, the trustee, through whom the legal
title must pass, believes it will be most advantageous for the prop-
erty to be sold by the trustee, any sale they may make, not preju-
dicial to the interest of the complainants, will be confirmed. The
trustee having made the sale, will report the same subject to the
order of the Court; it convenient, he will consult the complainant
interested as to the terms of sale.

On the 9th of June. 1824, the plaintiff, Hoye, and William Darne
and Charles Gassaway, executors of the late Charles Gassaway,
who was the assignee of the late Benjamin Stoddart, filed their
petition, in which they stated, that the land which had belonged
to Nathan Waters; and which had been sold to James Ferree for
more than enough to pay one-half of the debt due to the plaintiffs,
having been ordered to be resold, because of the non-payment of
the purchase money by Ferree, had been resold accordingly; but,
that in consequence of the depreciation of land, and the scarcity
of money, it had not, on the resale, sold for a sufficiency to dis-
charge one-half of the debt due to the plaintiffs; that the pur-
chaser, Ferree, and his sureties, were insolvent; that the trustee
was about to pay the surplus of the proceeds arising from the sale
of the estate of the late Charles Penn, Sen'r, to his grantees and
legal representatives; which surplus was liable to these petitioners
to make up the deficiency due to them, resulting from the resale of
Water's estate, and the insolvency of the purchaser thereof, and
and his sureties. (f) Whereupon the petitioners prayed, that the

(f) The South Sea Company of England was created in the year 1710,
under the sanction of a Statute, (9 Anne, c. 31,) and had had its connexion
with the government, from time to time, extended until the year 1719, when,
by means of various misrepresentations and fraudulent practices, an Act