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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 517   View pdf image (33K)
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GLENN VS. WOOTTEN. 517
faction the sale is made, or from any other person, though, of
course, more attention will be paid to objections coming from
those who are interested than from volunteers.
But though the trustee must conform to the directions of
the decree with regard to the manner of putting the property
in the market, and any material deviation therefrom in the first
instance, and without an attempt to sell in the mode prescribed,
will defeat a sale made in a different manner, if the objection
is interposed; yet still, after the trustee has once offered the
property in the market, in the mode prescribed by the decree,
and has been unable to sell it in that way, he may dispose of
it in a different mode. The reason for this, as stated by the
Chancellor in Gibson's case, 1 Bland, 144, is, "that the
trustee being in all cases required to make a report in writing
of only such a sale as he can, on oath, state to have been in all
respects fairly made, which cannot be ratified without consent
until public notice has been given to show cause, if any there
be, why it should not be confirmed, there can be no danger or
inconvenience in allowing him to deviate from the prescribed
manner and terms of sale, after the property has, by adver-
tisement, and an actual public offer to sell at the time and
place appointed, been completely put in the market."
It is quite clear, therefore, if these cases are to be regarded
as furnishing the true rule upon this subject, and I am, upon
full reflection, satisfied they do, that this Court will not ratify
a sale made by its trustee when, without an attempt to sell in
the mode prescribed by the decree, he undertakes to dispose of
the property in a different mode. It must be obvious that those
portions of the decree which direct how, and in what manner,
and upon what terms the property should be sold, are all mere
Unmeaning words if the trustee may, without an attempt to
comply with them, sell in such mode and upon such terms as
to him may seem fit. When, to be sure, the property has been
put in the market, in the manner and upon the terms 'directed
by the decree, and the effort so to sell has been unavailing,
there can be no objection to the trustee's accepting a bid upon
different terms, or to his disposing of the property at private
VOL. III.—84

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 517   View pdf image (33K)
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