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376 HIGH COURT OF CHANCERY. the sale reported by the trustee, and I have read and reflected carefully upon the facts and circumstances connected with it, after listening attentively to the arguments of counsel. The decree, which is in common form, directs the property to be sold publicly, after giving three weeks' notice by adver- tisement in newspapers, of the time, place, manner, and terms of sale, and the trustee's report shows that one effort was made to sell in the manner and according to the terms of the decree. This attempt, which was made on the 11th. of Feb- ruary last, was ineffectual, no one present offering to give $17 per acre for the property, that being the price which the trustee and Thomas T. Herbert, the tenant for life of the mortgaged premises, would at that time have been willing to take for it. After this, to wit, on the 18th of March follow- ing, a private sale was made to Mr. Richard Davis, at $17 per acre, and this sale being objected to by Mr. Herbert, in his own behalf, and as the next friend of his infant children, tenants in remainder in fee of the mortgaged premises, the question ia, shall it be ratified by this Court ? It appears by the exceptions, and by the answer of Mr. Latrobe, the trustee, to the exceptions, that in "all matters relating to the sale, the latter advised with and consulted Dr. Herbert, and it is also alleged in the exceptions, that after the unsuccessful effort to sell at public sale on the 11th of Feb- ruary, it was understood by the exceptant that no disposition should be made of the property by the trustee, without pre- vious notice to the former, the exceptant then expecting to dispose of the property at $25 per acre, and that about the 1st of March he received from a responsible party an offer of $20 per acre, which the same party is now willing to give. That the exceptant did not communicate this offer to the trustee, because he supposed that, according to the understanding between them, the trustee would make no disposition of the land without previous notice to him. The exceptions, which are verified by the affidavit of the exceptant, contain other matters which I do not consider it necessary to notice. The only matter of fact contained in |
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
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