BROWN v. WALLACE.—2 BLAND. 559

their answer by guardian ad litem on the same day, to the same
effect.

Some time after the bill had been tiled, but when does not ap-
pear, Harriet Mitcliell, by her petition, found among the papers,
but not marked filed, stated that she had been informed that a bill
bad been filed by her two brothers, James and Aquila, as heirs of
James Mitcliell, deceased, for the sale of the real estate of the said
James, as taken by William Mitchell at the appraisment, to satisfy
their proportions of the valuation; that she was also one of the
children and heirs of James Mitchell, deceased, and that she had
received no satisfaction for her proportion of the valuation. Where-
upon she prayed that the said estate might be sold, &v.

KILTY, C., 10th March, 1812.—This case standing ready for de-
cision, and being submitted, the proceedings were read and con-
sidered. Whereupon it is Decreed, that such part of the property
in the proceedings mentioned, as may be sufficient to pay the sums
due from William Mitchell to the heirs of James Mitchell be, sold;
that James Wallace be, and he is hereby appointed trustee for
making the said sale, &c. The terms of which sale shall be, that
the purchaser shall give, boud for the payment of the purchase
money, with interest, withiu twelve months from the day of sale,
&c. Provided, that the said trustee shall, in the first place, sell
the part of the estate clear of and excluding the fishery called
Cooley's Fishery, mentioned in the answer of Parker
* Mitchell, until the further order or decree of this Court in 588
the premises.

On the 29th of April, 1812, an agreement in writing was made
and signed by all these defendants, except the infant defendant
Ann Mitchell, and filed, which, after referring to this decree, pro-
ceeds, in these words: " Therefore we, the subscribers, heirs of
William Mitchell, being desirous that the whole of the property
mentioned in the proceedings aforesaid should be sold in the same
manner and on the same terms as is mentioned in the said decree;
do hereby authorize and request the said James Wallace, trustee
aforesaid, to sell the whole of the property mentioned in the said
proceedings, on the same terms as is mentioned in said decree;
and we do hereby further authorize and request the honorable the
Chancellor of Maryland, to ratify and confirm the said sale, when
so, as aforesaid, made by the said trustee."

On the 22d of July, 1812, the trustee Wallace reported that,
after having given notice of the time, place, manner and terms of
sale, as required, "he caused the said property to be laid off in
lots, and sold as follows, viz: Lots Nos. 1, 2, 3, 4 and 5, con-
taining ten acres each, and lot No. 6, containing six acres, the
said six lots being the whole of the tract called Convenience. Lot