ANDREWS v. SCOTTON—2 BLAND. 597

"When, the debt has been secured by a mortgage, a covenant to repay and a
bond, the creditor may be allowed to pursue all his remedies at once.
He may bring an action of covenant to repay the money: institute an
ejectment against the tenant in possession; file a bill in equity to fore-
close, and also maintain a suit upon the bond at the same time, (e)

Bat he cannot have the mortgaged property awarded to him by a decree of
foreclosure, and also recover the money or any part of it from the debtor
by a suit upon the covenant or bond.

In a suit to foreclose or sell, if, by a sale, the whole debt should not be paid,
the Court cannot pass a decree for the payment of the balance. {/)

An appeal bond, on the decree being affirmed, becomes thereby an additional
security for the debt.

No such practice prevails, or can be allowed here, as that of opening the
biddings, as in England, (g)

Commissions adjusted and allowed as between a former and a present trustee.

THIS bill was filed on the 26th of February, 1822, by George
Andrews and Ennion Williams, against Ann Scotton, Robert E.
Seotton, Alice Ann Scotton, Stephen Seotton, and Ashur Foulke.
The bill states, that in the year 1819, the plaintiff Andrews, for the
sum of $2,100, had purchased of the plaintiff Williams part of a
tract of land called Duvall's Delight, containing one hundred and
forty acres; that Andrews bad paid the wbole amount of the pur-
chase money; but had not obtained a conveyance from Williams of
the legal title; who, however, was willing and ready to convey it
as Andrews should direct; that soon after Andrews made tins pur-
chase, he sold and contracted, in consideration of the sum of
$2,100, to convey the same land to Stephen Scotton; who had
made several partial payments at different times, leaving a balance
of $916, with interest from the date of the payments, still dne and
unpaid; that the purchaser, Stephen Scotton, had since died intes-
tate, leaving a widow, the defendant Ann, and three infant chil-
dren, the defendants Robert, Alice, and Stephen; and that letters
of administration had been granted on his personal estate to the
* defendant Foulke; that the plaintiff Andrews had been in-
formed, and believed, that the personal estate of the late 630
Stephen Scotton would be insufficient to satisfy all his debts, so
that Andrews was compelled to apply for a sale of the land in
order to satisfy his claim. Upon which it was prayed, that the
land, or such part thereof as might be necessary, might be sold to
satisfy the claim of Andrews; and that such other and further
relief might be granted to him as might be consistent with
equity.

(e) Approved in Oilman v. Tel. Co. 91 U. S. 616.
(f} But see Rev. Code, Art. 66, sec. 65.

(g) Cited in Kelso v. Jessop, 59 Md. 133. See Cohen v. Wagner, 6 Gill, 236;
Johnson v. Dorsey, 7 Gill, 269.