598 ANDREWS v. SCOTTON.—2 BLAND.

On the 23d of March, 1822, the widow Ann Seotton pat in her
answer, in which she admits the facts and circumstances in rela-
tion to the sale as stated in the bill; and that the personal estate of
the intestate was not sufficient to discharge this debt and others
exhibited against it. On the same day the administrator Foulke
filed his answer, in which he also admits the sale as set forth in
the bill, and says the personal estate of his intestate, so far as the
same has come to his knowledge or possession, will not be suffi-
cient to discharge all the claims which have been exhibited against
it. On the 1st of April following, the infant defendants answered
by their guardian ad litem, and admitted the facts alleged in the
bill.

JOHNSON, C., 5th April, 1822.—The said cause standing ready
for hearing, and being submitted, the bill, exhibits, answers, and
all other proceedings, were by the Chancellor read and considered.
And the claim of the complainant, as stated in the bill, being
established to the Chancellor's satisfaction, and it appearing, that
the deceased Stephen Seotton did not leave personal estate suffi-
cient for the payment of his just debts.

It is thereupon Decreed, that the real estate of the said Stephen
Seotton in the bill of complaint mentioned, or so much thereof as
shall be necessary, be sold for the payment of the costs of this
suit, of the claim of the complainants, and of such other debts of
the deceased as shall be established to the Chancellor's satisfac-
tion. And it is further Decreed, that Ashur Foulke be, and he is
hereby appointed trustee for making sale as aforesaid, &c. He
shall then proceed to sell the said tract of land in the proceedings
mentioned, either entire, or in parcels as he shall think fit, upon
the following terms, to wit: one-third part of the purchase money
to be paid at the time of sale, or on the ratification thereof by the
Chancellor; one-third part of the purchase money to be paid in
twelve months from the day of sale, and the remaining third part
to be paid in two years from the day of sale; for the payment
* of the two last instalments with interest, notes or bonds
631 with security, to be approved of by the trustee, shall be
given, &e.

Under this, decree, the trustee Foulke, on the 29th of August,
made a report, in which he says, that "after having given bond
and advertising the terms of the sale in two public papers agreea-
bly to the directions of said decree, a public sale was held on the
23d day of July, when there was no more bid than $8 per acre,
which was not thought sufficient to authorize a sale; and have
since sold it on the 28th day of August, 1822, as may be made ap-
pear, for $11 per acre; the land supposed to contain one hundred
and forty acres." Upon which an order was passed on the same