WAMPLER v. SHIPLEY.—3 BLAND. 197

WAMPLER, v. SHIPLEY.
POWERS OF A TRUSTEE TO SELL PROPERTY.

A trustee appointed to sell property cannot be allowed to abandon any right
arising out of the sale after it has been ratified; or to dispose of the pur-
chase money in any way without the previous sanction of the Court.

THIS was a creditor's bill filed on the 14th of October, 1813,
upon which on the 25th of April, 1816, a decree was passed direct-
ing a sale of the real estate of Duncan Shipley, deceased, to pay
his debts. The trustee reported several sales which were ratified.
And by a further report, filed on the 21st instant, and now sub-
mitted for the order of the Chancellor, the trustee states, that as a
part of the real estate of the late Duncan Shipley, he had hereto-
fore sold a small piece of land supposed to contain ten acres, for
three dollars and a quarter an acre, amounting to $33.31 1/4, to Seth
Warfield, who gave his single bill with two sureties for the pay-
ment of the purchase money; that the sale had been ratified; and
after the purchase money became due, he had sued Warfield and
his sureties for the debt, by warrant before a justice of the peace;
who upon hearing the case was satisfied, as this trustee was in-
formed and believes, that there was either no land at all included
in the certificate of sale given by said trustee, or at most not more
than three or four acres to which there was any title or claim in
said trustee; and, therefore, there was, in his opinion, a total fail-
ure of consideration, and he gave judgment of non pros, against this
trustee, with costs; which this trustee paid, amounting to one dollar.
Whereupon the trustee prayed to be allowed the costs so paid to
him; that the sale be rescinded, &c., * especially as he, this

trustee, inquired into the facts and circumstances, and was 183
satisfied as to the truth of there being almost a total deficiency of
the land sold.

BLAND, C., 28th January, 1831.—This case involves so small
an amount of property, that I have felt strongly inclined to make
The cheapest and most summary disposition of it, that the estab-
lished course of the Court would permit, But even in an appa-
rently trifling matter, I cannot allow myself to depart from general
nues, where reason and all my experience here have demonstrated
that they should be rigidly adhered to, as well for the security of
suitors as for saving the Court itself from confusion and difficulty
in the discharge of its duties.

This Court, in ordering a sale of property, never warrants a title
to the vendee. If there be any fraud, mistake, or misapprehen-
sion in the sale, this Court itself, and none other, grants the relief;