ANDREWS v. SCOTTON.— 2 BLAND. 599

day, that the sale be ratified on the 10th of November following,
unless cause shewn to the contrary, &c.

Samuel Andersen, on the 9th of October, 1822, filed his petition,
in which he states, that he contracted with the trustee Foulke for
the purchase of the land called Duvall's Delight, supposed to
contain one hundred and forty acres, at the sum of $11 per acre;
and by the trustee's report was returned as the purchaser; that
the trustee represented a piece of woodland on the north side of
the tract as a part of it; that Anderson had since been credibly
informed, and believed, that the lines of several neighboring tracts
ran into and took off the greater part of the woodland; that the
location of the woodland was the principal inducement to his pur-
chasing the tract; and is material and necessary to the possession
and enjoyment of it. Upon which he prayed, that the sale as
made and reported might not be ratified.

JOHNSON, C., 9th November, 1822.—The within petition will be
heard on the 30th instant; provided a copy thereof, and of this
order, be served on the said Ashur Foulke before the 16th instant.
It is further ordered, that depositions taken before any justice of
the peace on three days' notice thereof to the parties, or their so-
licitors, be read and received as evidence at the hearing.

To this petition of Anderson's, the trustee Foulke, on the 4th of
December, 1822, put in his answer, on affirmation, in which he
avers, that he never shewed or made any representation to Ander-
son as to the lines of that part of the tract called Duvall's Delight,
which he had sold to him; that he knew the lines at the time he
made the purchase, they having been shewn to him by the
* surveyor who was then engaged in running out an adjoin- 632
ing tract; that Anderson voluntarily, without any misrepresenta-
tion by the trustee, bad executed the written contract under his
hand and seal, of which the following is a true copy:

"Memorandum of a bargain made and concluded upon the 28th
day of August, A. D. 1822, between Ashur Foulke, trustee ap-
pointed to sell the estate of Stephen Scotton, deceased, of the one
part, and Samuel Anderson, of Anne Arundel County, of the other
part, witnesseth. that the said Ashur Foulke hath sold to the said
Samuel Anderson, his heirs and assigns, all that tract of land, late
the property of said S. Scotton, deceased, as aforesaid, supposed
to contain one hundred and forty acres, be it more or less, at ill per
acre, he, the said Samuel Anderson, is to pay one-third of the pur-
chase money down, and the remainder in two equal annual instal-
ments, with interest; for which, notes are to be given, with ap-
proved security; and when paid, the said Ashur Foulke is to make
and execute a title or deed, to him the said Samuel Anderson, his
heirs and assigns forever."