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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 1, Page 592   View pdf image (33K)
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592 INDEX.

SALES BY TRUSTEES— Cmitiawd.

of error, fraud, misrepresentation, or injurious mistake, it would,
nevertheless, be a fatal policy to be astute in finding out objections to
them. It.

9. It was objected to the sale, that the trustee's bond was not upon stamp-
ed paper, as required by the act of 1845, ch. 193, which went into
operation on the 1st of May, 1846. The bond was dated on the 29th of
April, 1846, but was not filed and approved until the 7th of July fol-
lowing. HELD—

That this bond having been a;)proi)ed by tfct Chancellor, as required by
the decree, it would be of dangerous consequence to say that the
purchaser shall not get the benefit of his purchase, if the bond for
any reason is defective. Ib.

10. A trustee selling under a decree of the Court of Chancery, as a general
rule, sells the title of the parties to the suit, and nothing more. Du-
vall vs. Speed, 229.

11. It is the established doctrine in Maryland, that a sale made by a trus-
tee under a decree of the Court of Chancery, is a transaction between
the court and the purchaser, and the report of the trustee and the order
of the court ratifying the same, must be regarded as the evidence of the
contract between the parties. Ooldsborough vs. JKnggold, 238; Har-
rison vs. Harrison, 331.

12. An objection to a sale upon the ground that the decree under which it
was made had been appealed from, and an approved appeal bond filed
of which the trustee prior to the sale had notice, was sustained, and
the sale set aside. Chesapeake Bank vs. McLellan Sf Raborg, 328.

13. Though the trustee may depart from the special directions of the de-
cree, yet a subsequent ratification by the court would render a sale as
binding and valid, as if he had pursued, in all respects, those direc-
tions. Hamson vs. Harrison, 331.

14. The court in confirming the acts of its agents who have not followed
the directions given them, must take care that no injustice is done the
parties interested, and that they have an opportunity of being heard
before their rights are decided upon. Ib.

15. It is not always a valid objection to the confirmation of a sale, proved
to have been well attended and fair in other respects, that it was made
on a different day, and at a different place from those mentioned in the
advertisement. Ib.

16. The report of the sale by the trustee is not absolutely necessary to per-
fect the title of the purchaser. Ib.

17. Trustees acting under decrees to sell, have been permitted, when sales
of the property could not be readily or advantageously made, to rent
it, and account for the rents to the parties entitled to the proceeds,
and the court will give like authority to collect and account for rents
due when the sales are effected. Clark vs. JibbiOt, 475.

See STATUTE or FBACDS, 1.

INADEVTACT 09 PRICE.



 
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 1, Page 592   View pdf image (33K)
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