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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 613   View pdf image (33K)
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ANDREWS v. SCOTTON.—2 BLAND. 613

title can be made or not. Brown v. Wallace, ante, 586. But in
this State it has been always the established law of the Court, to
sell all the right and title of the parties to the suit, whatever that
may be, and nothing' more. To all judicial sales under orders or
decrees of this Court, the rule caveat emptor has been applied.
And consequently no examination into the title, after the sale, is
necessary, or can be called for *by the purchaser, whatever
may be either its patent or latent defects. (k) But if the 647

chargeable from 30th of April, 1793, and of which the principal doth not
exceed the sum of £839 14s. 3d.

After which the case was brought before the Court for further directions,
in regard to the sales made by the trustee.

HANSON, C., 14th March, 1797.—The location and quantity of the lots of
land sold by the trustee to Isaac Van Bibber appearing to be uncertain, the
surveyor is ordered to survey and return plots, &c.

The surveyor having made return of a plot and certificate, as directed by
this order, the matter was again brought before the Court.

HANSON, C., 24th January. 1799.—John Bouldin, surveyor, having made
out and returned a certificate and plot of numbers 1, 2, and 3, of the land of
the said William Andrews, sold to Isaac Van Bibber by William McLaughlin,
former trustee; and the present trustee, Randolph B. Latimer. and the said
Isaac Van Bibber, having, by writing in this Court filed, agreed that the
certificate and plot aforesaid contain the true location of the said lots
numbers 1, 2, and 3; it is thereupon adjudged aad Ordered, that the lands
sold by the said McLaughlin to the said Van Bibber, are accurately described
by the said certificate, except as hereinafter mentioned; that the said sale be
hereby absolutely ratified and confirmed; and that the said trustee, Randolph
B. Latimer, provided the purchase money of the said lots hath already been
paid, or on payment of the said purchase money, shall, in the manner
directed by the original decree in this cause, convey unto the said Isaac Van
Bibber and his heirs the aforesaid three lots of land, according to the descrip-
tion in the said certificate, except that the deed of conveyance shall describe
the twenty-third line of the third lot as running south nine degrees and one-
half west, instead of nineteen degrees and one-half west: the examiner-
general having examined the plot and certificate, and having suggested the
correction.

And inasmuch as the said three lots do not contain so much land as they
were sold for by the said McLaughlin, it is further Ordered, that the said
Van Bibber shall have an allowance for the deficiency, viz. for 28 acres, 2
roods, and 20 perches in lot number 1; for 2 roods in lot number 2; and for
1 rood in lot number 3; amounting in the whole to 39 acres. 1 rood, and 30
perches.

Ordered, further, that the said trustee, out of the money arising from the
sale of the real estate of the said William Andrews, do pay the expenses of
the survey and delineation of the said lots, amounting to the sum of sixteen
pounds ten shillings.

(k) GOODWIN v. SCOTT..—The complainants were purchasers under a decree
of the defendants, who were the trustees. A suit at law had been brought

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 613   View pdf image (33K)
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