444 MUBDOCK'S CASE.—2 BLAND.

chase money, may yet be tempted to bid over every one else from
au idle hope of being able to pay, the Court may order or allow
the trustee to report two or more persons as the highest bidders,
upon the express condition, that if he who is reported as the
highest bidder does not comply with the terms of sale, the next
highest bidder may be received and considered as a purchaser, (d)

(d) MONEOE v. MONEOE.—In this case the decree directed the real estate of
Horatio G. Monroe, deceased, to be sold on a credit of twelve months. Be-
fore a ratification of the sale, or even the publication of the usual order nisi,
the trustee, by his petition not sworn to, stated that James Monroe, who he
had reported as the purchaser, had positively and repeatedly refused to give
bond for the payment of the purchase money, as required by the terms of
the sale; whereupon, the trustee prayed that a re-sale might be ordered at
the cost of the purchaser, making him liable to pay the loss, if any, &c.
Upon which an order was passed appointing a day for hearing, of which
notice was to be given; after which notice having been given, the matter
was brought before the Court.

KILTY, C., 14th July, 1821.—Without expressing any opinion as to the
liability of the purchaser to pay the difference or loss, if any, on a re-sale, I
do not consider it competent for the Court to decree or order the same in a
summary way. The trustee is authorized and directed to make a re-sale of
the property as directed in the decree, repeating the notice, and inserting
therein the further terms which are hereby added, to wit, that on failure of
the highest bidder to comply with the terms, by giving bond on the day of
sale, the next highest bidder will be considered the purchaser, and so on if
there should be several bidders.

The property was re-sold accordingly, and the sale finally ratified.

CRESAP v. MARTIN.—In this case Hector Scott, the purchaser at the trus-
tee's sale, after the sale had been reported, and an order of ratification nisi
had passed, but before the time allowed to shew cause had elapsed, on the
27th of May, 1832. filed his petition, in which he acknowledged he had been
the highest bidder as reported, but prayed that thesaie might not be ratified,
because the land was subject to the liens of several other and prior incum-
brances, the holders of which were not parties to the suit; and also, because
Maria Keene, a party, was, at the time the suit was instituted, and then was
a lunatic. At the foot of this petition the trustee subjoined his assent to
the vacation of the sale, because the petitioner was, as he said, an insolvent
debtor.

JOHNSON, C., 28th May, 1822.—The trustee, and Robert Oliver, who claims
an interest in the premises, also consent that the sale made to Hector Scott
should be set aside, for the reasons set forth by them; and as Hector Scott is
not satisfied with the title that may be obtained under the proceedings, an
application on the part of the trustee is made, that he should not again be
permitted as a purchaser.

It is thereupon Ordered, that the said sale, made by the trustee, be, and
the same is hereby annulled and set aside. The trustee will again expose
the premises to sale under the decree; and at the time-of sale, he will pay no
regard to any bid the said Hector Scott may make for any part of the prop-