BROWN v. WALLACE.—2 BLAND. .557

M. Helms made an appointment in nature of a will, as allowed by
the decree and soon after died; so that the case abated. A bill of
reviver was tiled, which being answered, and the case submitted, a
decree was passed on the 22d of June, 1882, by which the princi-
pal matters in controversy, were, in accordance with the previous
decree, finally determined.

BROWN v. WALLACE.

AUDITOR'S REPORT.— INTEREST. — PURCHASER PENDENTE LITE, — JUDICIAL

SALES.

The auditor having awarded to each claimant a dividend on the whole
amount of his claim, including interest up to the day of sale, the report
was confirmed, and the proceeds directed to be applied accordingly,
with interest on the commission and dividends in proportion as it had
been or might be received, (a)

According to the terms of the usual decree for a sale, the purchaser pays in-
terest whether he gets possession or not.(b)

No sale of a party pendente lite can affect the title of the purchaser under
the decree, (c)

The report of the trustee, when confirmed, is conclusive as to the terms of
the sale.

When land is sold by the acre, a survey and measurement, to ascertain the
amount, is granted as of course.

In what cases land may be said to be sold by the tract or by the acre.

A purchaser, cannot impeach the sale on the ground, that more had been
sold than was necessary.

The * rule caveat emptor, applies to all judicial sales; the operation , 586
of this rule. 586

Courts of-equity, having concurrent jurisdiction, should not be brought into
collision; how such collisions may be avoided.

In order that the opinion of the Court upon the two cases which,
under the name of Brown against Wallace, were together brought
before it, discussed, and submitted for judgment, may be fully and
correctly understood, it will be necessary to make a report of the
previous case of Mitchell against Mitchell instituted in this
Court, out of which those cases arose, and upon which they were
founded.

On the 23d of May, 1811, a bill was filed here by James Mitchell
and Aquila Mitehell, infants, by Abraham Jarrett, their guardian,
against Parker Mitehell. Kent Mitehell, William Mitehell, Sarah

(a) See Brown v. Wallace, 4 G. & J. 479.

(b) See Hammond v. Hammond, ante, 307, note.

(c) See Campbell's Case, ante, 310, note as to lis pendens, and in addition to
the cases there cited, Sanders v. McDonald. 63 Md-503.