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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 1, Page 52   View pdf image (33K)
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52 HIGH COURT OF CHANCERY.

nevertheless, thinks, that it would be a fatal policy, to be
astute in finding out objections to them. The impression of
the court is, that they are entitled to the benefit of every fair
and reasonable intendment, and that a bona fide purchaser is
not to lose the rights which he supposed he was acquiring
when dealing with its agent, upon objections upon the model
regulations of the sale, the non-observance of which is not
shown to have been injurious. Marshall's Lessee vs. Green-
field, 8 G. & J., 349.

The seventh objection to the sale, is, because the trustee's
bond is not upon stamped paper, as required by the Act of

1845. chapter, 193. The law went into effect on the 1st of
May, 1846, and this bond though dated on the 29th of April,

1846. was not filed and approved by the Chancellor, until the
7th of July following.

The argument is, that the bond was of no effect until filed
and approved; those acts constituting its delivery and accept-
ance.

By adverting to the terms of the decree, it will be found,
that the trustee is to proceed to make sale of the property,
upon giving bond in a certain penalty, and with sureties to be
approved by the Chancellor, conditioned for the faithful per-
formance of the trust reposed in him by the decree.

This bond has been approved by the Chancellor, and it seems
to me, it would be of dangerous consequence to say, that
although thus approved, the purchaser shall not get the benefit
of his purchase, if the bond for any reason is defective.

Few persons, I presume, would be disposed to bid at trus-
tees' sales, if such a doctrine is to obtain. The Chancellor for
this reason, does not deem it necessary to express an opinion
upon the point discussed by the counsel; but upon an applica-
tion to require the trustee to execute another bond, he will be
prepared to do so.

The remaining exceptions, relating to the subsequently in-
creased value of the land from the contemplated passage of the
Baltimore and Ohio rail road through or near it, was passed over
by the Chancellor, as having been sufficiently disposed of by



 
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 1, Page 52   View pdf image (33K)
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