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ratUBK. . 6Q9 SALES BY TRUSTEES— Continual, . ' : son to it to vBitat® or uphold (tttMla. f'aTVtn'.Banf: ff. Martin ((• 'Trimer*, 234. 3. Where a purchaser knew of an iDeambraJice on the liid, consisting of ground-rent in arrear, and the property was re-sold, he cannot be allowed «. credit for .such incunibritnce paid by him* Ib. ; 3. Tho fact of such knowledge on the part of the purchaier may be proved br parol, though the advertisement of sale made no mention of grnnnrl- reBiuian-earas«nincumbrancaonthaproBtirty.fl? 4. When a trustee deviates from tha twos of the decree, objections to the ndficaiitnig of the sale will be iltowed 10 prevail, wtlcti woalu be disre- garded if urged against a sale in conformity with the decree; snd no deviation is more obnoxious to objection than selling at private sale when the decree direct* a public »ale. Lotrsbe vs. Hubert, 3T5. , 5. The trustee is the mere agent of the Court, and if be does not conform to the authority detogated to himi it is for the Court to say whether It will ratify his acts BB such agent. A. . 6. His instructions are contained ID the decree, open to the inspection of all parties, and if h« does not follow them, no c&e dealing with him has a right to complain if the Court should refuse to ratify his act*. 11, 7. A&er he hw put the property inmarltel sgredtbly to the («rms of the . dectae, and has f»iled to get m •ceeptabia bid, h» may sell at private „ •ale, and if no objection be mad<t,»hB Conrt will, after notice in the usual way, ratify the sale. Ib. •••••' -; ,»• 8. Objections merely capriciouB or arbitrary to such a private sale will not be •Uowed, but 4 ia open to objections which would net prevail against . a public sala. A. .. 9. The decree directed a public sale, and after ons ineffectual effort to sell at such sale, tha trustee sold the property at private sale at $17 per acre. It was proved th^t this sale WAS the result of a misunderstanding- be. twwn (lie truatee and the mortg«gor, whom the former h^I consulted ' and advised with in relation to the sale, and that 980 par acre could . then and now be W for the property. HELD, That the-aale ought not to be rttiaed. J6, . 10. Insdeqnacy of prifse i» a stronfBf objection to:* private eat* than to a public one, when the decree directs- the latter ;»nd tholiBh the inade- quacy in this ease might not be sufficient, per M) to set die—I* wide, yet this, added to the misunderstanding between'tae trastet •Bdtht mort- gagor. Is sufficient to defeat it. Ib. ;'•1--- '•• 11. A decree directed the trastee to eivB " at least three weeks notice, inserted in some newspaper, &c., " and such other notice as he may think proper, of the time, place, and terms of sale." Upon the day duly appointed for the sale, the weather was incltment, no biddwg were pre- sent, and there was no attempt to sell, and the trustee advertised the pro- perty to be Bold four days there»ftftf, which advertisement appeared but once in the paper. HELD, ' That the failure to give the notice as prescribed by the decree, wasa fatal objection to the validity of the sale. <?(CTB vs. Tyortdm, 514. 12. A departure from the regulation pf the decroe in an essenthi respect, without fiat attempting to He 11 itt conformity with (hem, will always pre- vent B ratification, if objection be made. Ib. |
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
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