ANDREWS v. SCOTTON.—2 BLAND. 611
stances, * should be obtained; and the sale should be in all
respects a fair and honest one. These are the ends in view. 644
To attain them, in England, if after the biddings are closed, any-
one else comes in and offers a much higher price, the biddings may
be opened, and the additional offer accepted. This phrase of
"opening the biddings." which, in the English books, occur so
frequently, means no more than a further suspension of the sale,
and a continuance of the property in the market. Sugd. Vend. &
Pur. 45. In this State, there has been no instance of opening the
biddings or suspending the sale merely to let in another and a
higher bid, and for no other cause. But in this State, as well as in
England, if there should be made to appear, either before or after
the sale has been ratified, any injurious mistake, misrepresentation
or fraud, the biddings may be opened, the reported sale rejected,
or the order of ratification rescinded, and the property again sent
into the market and re-sold.
As to sales under the authority of this Court, it has long been
well established, that any circumstance shewing that the sale was
injurious to the parties concerned, or that a better sale might rea-
sonably and probably have been made, is sufficient to prevent a
ratification. It is not incumbent on the party objecting to shew
favoritism, or an improper motive, although such proof would
furnish conclusive inducement for rejecting the proposed sale.
But where the property of infants was to be sold, even a strong
doubt of the propriety of the sale has been deemed sufficient to
prevent its ratification. And if, in any case, the trustee reports,
that there was an error, mistake, misunderstanding, or misrepre-
sentation as to the terms or manner of the sale, it may be at once
rejected, and a re-sale ordered without further inquiry. Objec-
tions are seldom or ever made by any others than those directly
interested. But the Court, in acting as proprietor, or as if the
property were its own, and in deciding on the merits of a sale,
will avail itself of information from every quarter from which it
may be derived; that is, from the original parties to the suit, or the
creditors for whose satisfaction the sale is to be made, or from any
other person. In such cases, however, much more attention will
be paid to objections coming from those who are interested than
from volunteers. But it is not unusual, with the consent of all .
parties interested, to ratify the sale immediately on its being
reported, without giving any notice or time for objections to be
made by others.
* Where land has been sold, under the authority of this
Court, by the tract or in parcels, containing so many acres, 645
"more or less," the sale will not be rejected, nuless the deficiency,
should it be objected to on that account, be material and con-
siderable. It has been established as the law of the land office,
by the Proprietary's instructions, as far back as the year 1684, that
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