WILLIAMS' CASE.—3 BLAND. 211

v. Mondey, 1 Ve-s. & Bea. 223; Brookfield v. Bradley. 4 Cond. Chan.
Rep. 298; Scholefield v. He afield, 11 Cowd. Chan. Rep. 528; Powel
Mort. 983, 985. (c)

(c) JONES u. BETSWORTH.—This bill was filed on the 3d of September, 1795,
by Thomas Jones against Samuel Betsworth, for the recovery of a mortgage
debt by a sale of the mortgaged property. The defendant answered, and
the case was brought on for a final hearing.

HANSON, C., 17th January, 1798.—The said cause standing ready for de-
cision, and being submitted; the bill, answer and all other proceedings were
by the Chancellor read and considered; and it appearing to him, that the
mortgage in the bill mentioned was duly executed, that there is due to the
complainant, on the said mortgage, the sum by him stated to be due, with
interest from the time of settlement; that it is reasonable to have the said
sum, with interest and costs, raised by a sale of the mortgaged lands; unless
the defendant, within such time as shall be allowed by this Court, shall dis-
charge the said principal, interest and costs.

It is thereupon Decreed, that unless the defendant, on the 9th day of Feb-
ruary. 1799, shall bring into this Court to be paid to the complainant, or shall
pay to the complainant the costs of this suit, and the sum of £771 18s. Id.,
which is the sum to be then due for the said principal of £777 19s. 2d., with
interest from the 9th day of May, 1793, deducting the sum of £274 9s. 0d.,
paid on the 30th day of April, 1794; or unless the said defendant shall at
any time before the said 9th day of February, 1799, bring into this Court to
be paid to the complainant, or pay to the said complainant, his costs of suit,
together with the aforesaid sum of £777 19s. 2d., with interest as aforesaid,
until the time of bringing in, deducting the payment as aforesaid .made on
the 30th of April, 1794, the mortgaged lands, viz: Bets worth's Choice, 52 1/2
acres; Providence, 215 1/2 acres; Colepit, 50 acres; Baldridge, 80 acres; and
another tract, 31 acres, lying in Somerset County, or so much thereof as
shall be necessary, shall be sold for discharging the aforesaid principal, in-
terest and costs. And Lambert Hyland, of said county, is hereby appointed
trustee, &c. And the terms of sale shall be that the purchase money, at the
election of the purchaser or purchasers, shall either be paid down to the
trustee immediately after the sale, or be brought into this Court, or paid to
the said trustee immediately after the Chancellor's ratification of the sale,
which cannot be absolutely valid until ratified by the Chancellor, &c.

In consideration of the defendant's allegation on oath, respecting the value
of the lands, and of the payment by him made, as stated by the complainant,
the Chancellor has allowed a considerable time, as is usual in such cases, for
paying or bringing in the principal, interest and costs, before the sale for
ready money can take place. It is to be remarked, that it is not in the Chan-
cellor's power, without the consent of the complainant, to direct a sale of
mortgaged land on credit, (1785, ch. 72, s. 3;) although it appears to him
probable, that an immediate sale on short credit may be more advantageous
to both parties than a sale for ready money after a considerable lapse of
time.

It is therefore further Decreed and Provided, that in case the complainant
and defendant shall each subscribe a writing expressing his consent to the
sale of the aforesaid lands on a credit of six months, the said trustee, after
filing his bond and giving notice as aforesaid, may proceed with all diligence
to a sale of the lands, either in one lot or parcels as aforesaid, at public auc-
tion, on the terms of the purchaser's giving bond to the said trustee, as