240 HIGH COURT OF CHANCERY.

decree of this court, upon a creditor's bill, for the payment of
his debts, and that William Emory became the purchaser there-
of; which sale was duly reported to the court in a few days
thereafter, and was finally ratified and confirmed on the 20th of
the succeeding month of June. The land was sold for $24 52
per acre, and, according to the report of the trustee, contained
five hundred and sixty-six acres; the purchase money amount-
ing to $13,878 32, and the terms of sale were fully complied
with by the purchaser.

It also appears, that prior to the sale, the trustee had caused
the lands to be surveyed by the county surveyor, by which they
were ascertained to contain the number of acres mentioned in
the report, and that the plat and certificate of this survey were
exhibited to, and seen by, the bidders on the day of sale.

The proceedings likewise show that the purchase money had
been paid by the purchaser, and distributed and paid over to
the parties entitled, under the orders of this court, long before
the present petition was filed, without any notice, or intimation
to the purchaser, that an error was supposed to exist in the
survey, which was, as before mentioned, exhibited by the trustee
to the bidders on the day of sale.

As early as March, 1841, as appears by the report of the Aud-
itor, and the order of the Chancellor, the residue of the proceeds
of sale, amounting to $9072 61, that sum remaining after the
payment of the claims of creditors, was paid over to the guar-
dians of Martha R. Ringgold, the present petitioner, she being
as the devisee of the deceased William Ringgold entitled to such
residue.

It is further shown, by an order of the Chancellor, passed on
the 10th of May, 1837, that the expense incurred by the trustee,
in having the lands surveyed prior to the sale, was allowed to
him out of the proceeds.

Under these circumstances the present petition is filed, in
which, upon the ground of a supposed mistake made in the
said survey, and upon the allegation that the lands contained a
greater number of acres than had been paid for, the court was
asked to order a resurvey, and that the purchaser might, in the
event of an excess, be compelled to pay therefor.