DWAL VS. SPEED. 233

the proceedings in the Chancery Court, for the sale of the de-
ceased's real estate, but might cling to the property specifically
pledged for the payment of their debt, and hold on until they
were fully paid, both principal and interest." But if the court
is bound under all circumstances, when the money is within its
control, to clear the title, it must have power to bring in the in-
cumbrancers, whether they are willing or not, and thus deprive
them of the right to stand out, and to cling to the property,
which, as has been shown, the Court of Appeals say, they are
entitled to do, and thus it might happen that the court would
be under an obligation to do that which it could not do, with-
out trenching upon the recognised rights of parties, not parties
to the cause when the decree passed. Chancellor Hanson, in
the case of Miller vs. Baker, reported in 1 Bland, 147, in the
note, admits that the vendor of the estate sold under the decree
in that case, could not be compelled to receive his money, un-
less he exhibited his claim, or was called to answer a bill or
petition for a conveyance, and of course concedes, that the
court had no power by any proceeding in that case, to clear the
title.

There is, moreover, another very strong objection to the prayer
of this petition.

When the order of the 5th June was passed, dismissing the
petition of Speed and Pennington, asking for the payment of
this same judgment, out of the proceeds of the sales of the
property in this case, the trustee's report of the sales had not
been ratified, and of course no appropriation had been made of
the purchase money.

But since then, to wit, on the 28th of the same month, the
final order of ratification passed, and on the 30th July, follow-
ing, the Auditor's report, appropriating the net proceeds of the
sale to the payment of the claim of the mortgagee, in part,
leaving still a considerable sum due him, was also ratified, and
the money directed to be so applied. It was not until the 15th
of January last, nearly six months after the ratification of the
report of the auditor, giving this direction to the money, that
the present petition was filed, which seeks, so far as the pay-
20*