59G ANDREWS v. SCOTTON.—2 BLAND.

As required by this order, notice was given to the creditors of
the testator William, to file the vouchers of their claims. After
which, the case was taken up by the auditor, and sundry state-
ments made and reported. Upon all which, on the petition, and
with the consent of all parties, the case was referred to arbitra-
tion 5 in pursuance of which, the arbitrators made and returned an
award, by which the case was finally closed.

629 * ANDREWSv. SCOTTON.

CHANCERY SALES.—THEIR RATIFICATION AND REJECTION.—MODAL REGULA-
TIONS.—ENFORCEMENT OF PURCHASER'S LIABILITY.—REMEDIES OF A MORT-
GAGEE.—LOCATIONS BY SURVEYOR.—OPENING BIDDINGS.—COMMISSIONS.

The surveyor of the county may be ordered to survey the lands in contro-
versy; tb take the depositions of witnesses; and to return plots.

Locations made under an order of survey, which are not counter-located,
are admitted.

The mode of selling land under a decree; in such sales the Court is the ven-
dor, and retains a lien to secure the payment of the purchase money, (a)

If the purchaser fails to pay, he may be proceeded against summarily; be
sued upon his bond: and the land may be re-sold at his risk; but the
sale, as reported, may be first ratified, and the purchaser must have been
after that, first called on by an order to pay or shew cause. (b)

With the consent of all concerned, the sale may be at once confirmed, (c)

The grounds upon which a sale may be rejected, or set aside.

The Court sells nothing more than the interest of the parties to the suit; and
therefore the purchaser can, call for no inquiry into the validity of the
title.

If a trustee who is directed by the decree to sell the tract of land entire, and
at public sale, should sell it at private sale and in parcels, or in any other
manner different from the mode prescribed, and report satisfactory
reasons for doing so. and no objection is made, the sale may be ratified.
(d)

The surveyor's fees are a part of the costs; but if he fails to have them taxed
and included in the decree, as affirmed by the! Court of Appeals, this
Court can give no relief.

A party brought before the Court, under an attachment to enforce the pay-
ment of money, on producing his release under the insolvent law, may
be discharged.

(a) Cited in Warfield v. Dorsey, 39 Md. 303; Gibbs v. Cunningham, 1 Md.
Ch. 50; Harrison v. Harrison, Ibid, 333.

(b) Affirmed in Anderson v. Foulke, 2 H. & G. 346. See Richardson v.
Jones, 8 G. & J. 164, note; Rev. Code, Art. 66, sec. 6.

(c) See Wilson v. Watts, 9 Md. 337.

(d) Cited in Gibbs v. Cunningham, I Md. Ch. 30; Glenn v. Wootten, 3 Md.
Ch. 516. See Glenn v. Clapp, 11 G. & J. 1, note (e); Gibson's Case, 1 Bland,

138, note (b): Harrison v. Harrison, 1 Md. Ch. 331.