ANDREWS v. SCOTTON.—2 BLAND. 607

the trustee as the mere agent, having no right or power whatever,
other than as a mere attorney. Hence it is clear upon principle,

tereeted. And what that distinction is, may appear from what he has
already said.

It is Ordered, that the sale made by Philip Barton Key and William Mar-
bury, as stated in their report, of a tract or body of land called Sample's
Manor, be, and it is hereby declared to be absolutely ratified and confirmed.

After which, upon further and additional information, this matter was
again brought before the Court.

HANSON, C., 4th December, 1803.—The sale in this case reported hath been
ratified, because no person legally interested had made any objection, and
because no other person had come forward, either in person or by solicitor,
to support the objections transmitted in a private letter, or to shew their
validity. But the Chancellor having since received information, which
would have had weight in case he had received it before, viz. that persons
interested in the sale are dissatisfied, and the Chancellor having reason to
believe that ignorance or want of notice may have prevented persons from
appearing, to make or establish objections; and having always, with respect
to sales, availed himself of information, in whatever way obtained:

It is, thereupon, Ordered, that the order for ratification passed in this
cause, be, and it is hereby set aside and revoked: and that On the 15th day
of February next, the Chancellor will determine finally whether or not the
sale shall be absolutely ratified.

It is not on conviction or belief, that the trustees have acted improperly,
that the Chancellor passes this order. It is barely that hereafter there may
be no cause for alleging, that the case was not determined on its merits.

This order is directed to be served on one or both of the trustees, and pub-
lished as early as may be in the Republican Advocate, and in the Frederick-
town Herald, and in Grubie's German paper an Hagerstown. Unless pub-
lished before the end of this month, a further time may be allowed for the
decision.

This order having been served and published as required, the matter was
again brought before the Court.

HANSON, C., 15th February, 1804.—This day having been appointed to de-
cide on objections made to the sale of the tract of land called Semple's
Manor, the Chancellor proceeded to an investigation of the subject. On
examination of the papers in the cause, it does not clearly appear who are
the parties principally interested in the sale. The decree for the sale was
passed by consent, contrary to his expressed opinion, before the claim of the
complainant was ascertained; and notwithstanding the Attorney-General
had filed interrogatories to be answered by the complainant. He now deeply
regrets that he passed the decree before all the equity was settled, notwith-
standing those who appeared to be all the parties interested had assented to
it. An objection, whether properly made or not the Chancellor does not
determine, is put in on the part of the State; and what the interest of the
State is cannot immediately be determined. On the whole, the Chancellor
conceives that his decision ought to be postponed.

It is thereupon Ordered, that on the first Monday of May next, the Chan>
cellor will finally decide whether or not the sale of the tract of land called