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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 176   View pdf image (33K)
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176 HIGH COURT OF CHANCERY.
purchaser, at sales of this description, vests when the order of rati-
fication is passed, and that the trustee's deed is not necessary.
But, in my opinion, the case supports no such. proposition. It
decides simply that the deed of the trustee does not operate
merely from the time of its execution, but being a conveyance
under a judicial sale upon the principles of relation, it operates
retrospectively, and vests the property in the grantee from the
date of the sale. But if the sale and the ratification of that
sale by the court, per se, passed the freehold, where the neces-
sity of resorting to the doctrine of election. That doctrine
rests upon a principle of equity, and is intended to protect the
title of a party who has complied with his contract in the inter-
mediate period between the inception and consummation of his
title.
My opinion, therefore, is, that there was not in contempla-
tion of law, at the period of the death of the minor, Agnes E.
Dalrymple, a mutation of her real into personal estate, and I
shall pass an order confirming the .Auditor's account, which
gives the proceeds of the last sale to her heir at law.
STOCKETT, for the Personal Representative.
KANDALL and HAGNER, for the Heir at Law.
HENRY ROBINSON AND OTHERS,
vs.
WASHINGTON DECATUR ROBINSON
AND OTHERS.
SEPTEMBER TERM, 1852.
[INADEQUACY OF PRICE——CONSTRUCTION OF WILL.]
A TESTATOR by his will manumitted his negroes, and devised certain real estate
to a trustee "in trust to be rented out by him, and the rents and profits to be
received by him and annually paid to" said negroes, "or their order, attested
by some justice of the peace," and directed the trustee, upon the death of
any of these legatees to pay over "whatever property he shall then have, as
trustee to the legal representatives and heirs at law of the deceased, unless
the deceased shall make some other appointment by his last will and testa-
ment duly executed." He then gave the trustee the power to sell the lands,

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 176   View pdf image (33K)
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