clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search		 search for:
clear space
white space
Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 375   View pdf image (33K)
 Jump to  
   << PREVIOUS  NEXT >>
clear space clear space clear space white space

LATROBE VS. HERBERT. 375
JOHN H. B. LATROBE, TRUSTEE,
vs. MARCH TERM, 1861.
THOMAS T. HERBERT ET AL.
[EXCEPTIONS TO TRUSTEE'S SALES.]
WHEN a trustee deviates from the terms of the decree, objections to the rati-
fication of the sale will be allowed to prevail, which would be disregarded
if urged against a sale in conformity with the decree; and no deviation is '
more obnoxious to objection than selling at private sale when the decree
directs a public gale.
The trustee is the mere agent of the Court, and if he does not conform to"'
the authority delegated to him, it is for the Court to gay whether it will
ratify his acts as such agent.
His instructions are contained in the decree, open to the inspection of all
parties, and if he does not follow them, no one dealing with him has a
right to complain if the Court should refuse to ratify his acts.
After he has put the property in market agreeably to the terms of the
decree, and has failed to get an acceptable bid, he may sell at private
sale, and if no objection be made, the Court will, after notice in the usual
way, ratify the sale.
Objections merely capricious or arbitrary to such a. private gale will not be
allowed, bat it is open to objections which would not prevail against as
public sale.
The decree directed a public sale, and after one ineffectual effort to sell at
such sale, the trustee sold the property at private sale at $17 per acre. It
was proved that this sale was the result of a misunderstanding between
the trustee and the mortgagor, whom the former had consulted and advised
with in relation to the sale, and that $20 per acre could then and now be
had for the property. HELD—
That the sale ought not to be ratified.
Inadequacy of price is a stronger objection to a private sale than to a public
one, when the decree directs the latter; and though the inadequacy in this
case might not be sufficient, per se, to set the sale aside, yet this, added
to the misunderstanding between the trustee and the mortgagor, is suffi-
cient to defeat it.
[The facts of this case are stated in the Chancellor's
opinion.]
THE CHANCELLOR:
This case is brought before the Court upon. exceptions to

  		clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 375   View pdf image (33K)
 Jump to  
   << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.

Tell Us What You Think About the Maryland State Archives Website!

An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  August 16, 2024
Maryland State Archives