34 HOYE v. PENN.

Since the order of May 1st, 1811, a bill of revivor has been filed
by the complainants, Hoye and Stoddart, against Nathan Waters
and Susanna his wife, devisees of Evan Gaither, whose death is
therein stated. The death of Susanna has since been suggested
on the docket; but her interest is considered as surviving to
Nathan Waters; and, against him there has been an attachment,
with proclamations, which enables the Chancellor to take the bill
pro confesso against him.

With respect to the sums due, the Chancellor is of opinion, that
as there was no decree to account, but only an agreement of the
parties to have the sum due stated; the sum of £459 9s. 7 1/2 d.,
charged as interest in the auditor's statement, ought not to be made
principal as is usual in other cases.

It is thereupon Decreed, that the bill of the complainants, as
against Nathan Waters, be taken pro confesso. It is further decreed,
that the real estate, stated in the bill to have been conveyed by
Charles Penn, sen'r, and Nathan Waters, by the deeds therein
exhibited, be sold; or such part of each as may be necessary for
the purposes hereinafter stated; that John Brewer of the city of
Annapolis be and he is hereby appointed trustee to make sale
thereof; and that the course and manner of his proceedings be as
follows, to wit: he shall first give bond to the State of Maryland
in the penal sum of 10,000 dollars with a surety or sureties to be
approved by the Chancellor, conditioned for the faithful discharge of
the trust reposed in him by this decree, or any other order or decree
in the premises. He shall then proceed to give notice, by advertise-
ment in such newspaper or papers as he may judge proper, for at
least three successive weeks, of the manner and terms of sale;
which shall be, that the purchaser or purchasers shall give bond
with surety, to be approved by the trustee, for the payment of the
purchase money, with interest from the day of sale, within twelve
months therefrom. The trustee shall then proceed, according to the
notice, to make sale of the lands aforesaid at public vendue; or of
so much thereof as will raise the sum of £934 10$. 9 1/2d. current
money, with interest thereon from the 1st day of May 1802, until
paid, and the costs of this suit, and the amount of the commission
as far as the same can be estimated. And in determining on the
quantity of each part, to be first sold, the trustee shall sell the land
held by the heirs of Penn, in the first instance, to raise one half of
the debt, costs, and commission; and shall sell the land devised to
Nathan Waters, in the first instance, to raise the other half; as far