636 ANDREWS v. SCOTTON.— 2 BLAND.

day to all interested, to come in, and shew cause why the sale
should not be ratified. Upon general principles of convenience
and economy therefore, I deem it improper in any case, to reject a
reported sale, merely to let in a higher bid, where no fraud, mis-
representation or unfairness is pretended or charged. Whereupon
it is ordered, that the said petition be, and the same is hereby
dismissed with costs.

672* After which, no cause having" been shewn, the sale as
made and reported by the trustee Boyle, was, on the 29th
of June, 1829, finally ratified and confirmed. And some time
after, a motion was made to adjust the commission on the sale
of the 28th of August, 1822, as between the late and the present
trustee.

BLAND, C., 28th May, 1830.—Ordered, that a commission

be allowed on the sale; ratified by the order of the 17th April,

1823, according to the rule of the Court; two-thirds thereof to

be awarded to the late trustee; and the residue to the present trus-

tee.

The auditor on the 22cl of July, 1830, tiled a report, hi which he
says, that he had stated an account between the estate of Stephen
Scotton, and the late trustee Foulke, in which he had applied the
proceeds of the sale of the 28th of August, 1822, as of that day to the
payment of the trustee's commission, costs of suit, and the claim
of the complainants; leaving a balance of $427.24 unappropriated.
The original decree provides, that the said estate shall be sold for
the payment of the claim of the complainants, and such other debts
as shall be established to the Chancellor's satisfaction. But no
notice has been given to creditors to produce their claims, nor has
any other claim been filed.

BLAND, C., 32d July, 1830.—On referring to the order of the
first of March, 1827, it will be seen why it is deemed unnecessary
now to give notice to the creditors of Stephen Scotton, deceased,
to bring in their claims, as suggested by the auditor. As this re-
port of the auditor relates exclusively to the application of the
proceeds of the first sale, the balance therein spoken of, must re-
main unappropriated until further order..

Ordered that the foregoing report and statement of the auditor,
be, and the same is hereby ratified and confirmed; and the trustee
is directed to apply the proceeds accordingly, with a due propor-
tion of interest, that has been or may be received; reserving the
unappropriated balance until further order.

See this case as Anderson v. Foulke, 2 H. & G. 346.