610 ANDREWS v. SCOTTON—2 BLAND.

The manner of sending property Into the market, as well as the
mode of sale, generally adopted in this State, differs, perhaps, ia
some particulars, from that of other countries. Sugd. Vend. &
Pur. 18, 7i. The form of ordinary sales of merchandise by auction
is the same in this State as in England. But the mode of making
a sale of property under the authority of the Court of Chancery in
England is different. * In such case, the estate is sold
643 before one of the masters in Chancery, who, after the par-
ticulars of sale are prepared, corrects and sanctions it by his
signature, to authorize the insertion of the advertisement in the
Gazette. After which the master, with the approbation of the
parties, fixes a time of sale; and the second advertisement, for
there are always two, is then inserted in the Gazette, stating the
time of sale. On the day of sale a particular of the property, or
lots to be sold, is prepared under the authority of the master.
The property or lots successively are put up at a price offered by a
person present, and every bidder must sign his name, and the sum
he offers, in the space on the particular under the lot for which he
bids. The best bidder is, of course, declared to be the purchaser;
the biddings are closed, and be is reported as such by the master,
to the Court; and if the sale be ratified, the contract is complete.
Sugd, Vend. & Pur. 37: 1 Newl. Pra. Cha.. 334; 2 Fowl. Exch.
Pra. 255.

In this State the manner and terms of sale are particularly pre-
scribed in the decree; and the trustee is directed to conform
thereto. The sale may be directed to be either private or public.
If the latter, it is conducted in the form of an ordinary auction;
the bids are received verbally, and the highest bidder is reported
as the purchaser by the trustee.

All the several forms of sale are, however, mere modal regula-
tions; each of them has its advantages and inconveniences; but
none of them can, in any way, materially affect the parties to the
contract, or its terms, nature, or obligatory force. The English
Court of Chancery will not suffer the property to be sold in any
manner different from that prescribed. Annesley v. Ashhurst, 3
P. Will. 282. In this State these modal regulations are not re-
garded as of so much importance; and are therefore not so strictly
. adhered to. 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.

But whatever variety or difference may exist as to the mere
modality of sale, the intentions and general objects are the same
every where and in all cases. The benefit of the interested par-
ties, for whom the Court makes the sale, is always and chiefly
regarded. The highest price that can be had, under all circum-