46 HIGH COURT OF CHANCERY.

THE CHANCELLOR :

The first objection taken to the sale is, that the public were
not properly advised of the title in the property thus sold, which
the trustee had the power to sell.

This objection rests upon the supposition, that the trustee
should have stated in his advertisement, the names of the parties
to the suit in which the decree passed, and the several deeds
creating incumbrances upon the property.

The decree, it will be recollected, directs that the real estate
of James Cunningham, deceased, in the proceedings mentioned,
or so much thereof as may be necessary to pay his debts, be
sold. It does not say in terms, that the title of the parties to
the suit shall be sold, though no doubt a sale under the decree
would pass such title.

The language of the advertisement is, "by virtue of a decree
of the High Court of Chancery," there will be sold certain real
estate, naming the tracts and giving their locality, of which
James Cunningham died seized and possessed. It does not
say, his title alone will be sold, but the lands, of which he died
seized and possessed. The public was notified by this adver-
tisement, that these lands were to be sold under a chancery
decree, to which decree, of course, there must be parties, and
I am of opinion, that in the absence of evidence, that compe-
tition in the purchase was prevented by the character of the
advertisement, or that the sale was in any respect prejudiced
thereby, it seems to me, it should not on this account be va-
cated. A reference to the chancery proceedings, to which the
public was directed would have shown who were the parties
and what title was to be sold. The trustee's advertisement
referred to the fountain of his authority; described the lands to
be sold by name and locality, and give such other information
respecting them, as would enable persons disposed to purchase,
to ascertain all that was material they should be informed of.
The Chancellor does not think, from an examination of forms
of the advertisement of chancery sales usually employed, that
such precision as is insisted upon by the counsel for the parties
objecting to (his sale, has been supposed to be necessary.