474 HIGH COURT OF CHANCERY.

ter of the liens and incurobrances upon it, interposed, and
keeping the rival creditors off, sold the property for the general
benefit of all, seems to be admitted. It is a power, however,
of rather an extraordinary kind, and to be cautiously exerted.
The difficulties and embarrassments which surround this estate
are not perhaps of such a complicated character as to justify
so strong a proceeding; and, besides, here the sale has been
made, and no case I presume has gone to the extent of depriv-
ing a creditor of the fruits of a sale actually made. It is
admitted that the property purchased by Kent sold for less than
its actual value. This is to be regretted, but I see nothing in
the cause to impute blame to him on that account; and there-
fore I do not think the sale, for this reason, should be set
aside.

Being of opinion, then, that the relief prayed by the petition
cannot be granted, it must be dismissed.

[No appeal was taken from this order.]

CLARK AND MANKIN

vs.

ELIZABETH B. ABBOTT

AND

WM. H. V. CRONISE.

SEFTEMBER TERM, 1849.

[PRACTICE—SALES BY TRUSTEES—RENTS OF MORTGAGED PROPERTY.]

A COURT of equity will always ratify and confirm that when done, which, as a
matter of course, if previously applied to, it would have ordered to be done.

A decree was passed, authorizing the trustee to sell so much of the mortgaged
property as would be necessary to pay the amount then due. The execu-
tion of this decree was stayed by injunction, and in the mean time, other in-
stallments of the mortgage debt became due. After the injunction was dis-
solved, the trustee sold so much of the property as would satisfy the amount
due at the time of sale. HELD—

That, as the decree must be regarded as standing as a security for the entire
mortgage debt, the court, if applied to, would have empowered the trustee to
do what he has done, and will, therefore, give its subsequent assent to the
act.