as this way may be found practicable; but, with power, according
to the first part of this decree, to raise the amount by a sale of
the whole at a succeeding period, if it can be done; or, in the
first instance, if it should appear absolutely necessary; subject,
however, to the ratification of this court. And the trustee shall
return as soon as conveniintly may be, a statement of his pro-
ceedings under this decree, with an affidavit of the truth thereof;
and shall return the bond of bonds taken, and the money when
received, to be applied according to the further order of the court.
And on the ratification of the sales or any sale, and on the pay-
ment of the purchase money, and not before, the trustee shall
convey to the purchaser or purchasers the lands so bought, free
and clear from all claim of the defendants or any of them. And
the trustee shall receive for his trouble such commission as the
Chancellor shall consider him entitled to on a view of all the
circumstances of the case. The sales to be on the premises
respectively, unless any difficulties or inconveniences should occur
to render such sales improper.

The defendant, Nathan Waters, by his petition, filed on the 13th
of July 1812, stated, that he wished to appeal from the decree;
and therefore prayed, that he might be admitted to appear so as to
become a party for the purpose of prosecuting an appeal.

13th July, 1812.—KILTY, Chancellor.—The Chancellor has con-
sidered the within petition, and is of opinion, that the prayer thereof,
to admit the petitioner to appear, ought not to be granted.

Nathan Waters nevertheless appealed, gave bond with sureties
which was approved. And, at June term 1818, of the Court of"
Appeals, the decree was affirmed.

The trustee appointed to make the sale, reported, that he
had, on the 23d of November 1818, with the consent of the
possessors, sold the whole of the lands lying in Montgomery
county which had been conveyed by the late Charles Penn, sen'r;
and that the whole of the lands lying in Ann Arundel county
which had been conveyed to the defendant Nathan Waters, he
had sold to James Ferree. The aggregate amount of sales being
$10,711 50. The usual order giving notice, having been pub-
lished, and no cause having been shewn to the contrary, these
sales ware, on the 26th of January 1819, absolutely ratified and
confirmed.