ANDREWS v. SCOTTON.—2 BLAND. 635

owing from the said Anderson, And it is further decreed, that
the trustee James Boyle, do also forthwith institute suit upon the
said appeal bond, and prosecute the same without delay, until
he shall obtain lull satisfaction, if to be had, of the said obligors,
of the whole amount of principal, interest and costs, recoverable
thereon. And it is farther decreed, that the trustee James Boyle,
bring into this Court, all sums of money he may receive or recover
in any of the modes hereinbefore specified, and make report of
his proceedings accordingly, to the end, that no more maybe col-
lected by the said several modes of proceeding, than one entire
satisfaction of the whole amount of principal, interest and costs,
which ought to be paid by the said Samuel Anderson.

* Under this decree, the trustee proceeded to make sale of 671
the land which had been previously sold to Samuel Ander-
son; and on the 27th of April, 1829, reported, that he had made
sale of it; upon which, it was ordered, that the sale should be rati-
fied, unless cause was shewn to the contrary, before the 27th of
June, then next.

The plaintiff Andrews, by his petition, filed on the 17th of June,
1829, stated, that the sale as reported, had been made for $3.10
per acre; that he had, by a letter to the trustees, before the day of
sale, offered, and was then willing to give $3.57 per acre, for the
land. He expressly admits, that there was no fraud in the trans-
action; but prays that a new sale may be ordered, so that he may
be let into bid the amount he had previously offered. The trustee
admitted the truth of the facts so stated by Andrews.

BLAND, C., 18th June, 1829.—This petition of the plaintiff An-
drews, haying, been submitted without remark, the proceedings
were read and considered.

I have before said in this case, that there has been no instance
of opening the biddings here, merely to let in a higher bid; and
this is the first proposition of the kind, that I have any knowledge of
having ever been made to this Court, (o) If any small advance in
price, such as that now offered, were to be admitted as a sufficient
ground for letting in a new bidder, to the exclusion of the reported
one, it is obvious, that the practice might greatly embarrass sales
under decrees of this Court. By adopting the English practice of
opening the biddings, as it is called, the regularity of public sales
by trustees, as practised here, would be virtually broken in upon,
and destroyed by the Court itself; bidders would be discouraged;
sales delayed; and the expense much increased; for it could not
be deemed proper to receive a bid in any form, without allowing a

(o) Bealmere. v. Warfield, 1st October, 1830, per BLAND. Chancellor, a similar
application to open the biddings, was rejected.