708 INDEX

he may sell as he can, 144; Mackubin
v. Brown, 415.
He cannot give notice to creditors with-
out an order from the court. — Gibson's
case, 144.
Commissions to trustees are regulated by
act of Assembly and by rule of court,
145—147.
A trustee may employ an auctioneer to
whom a fee of five dollars may be al-
lowed for each separate sale, 147.
The commissions of a trustee may be
increased, diminished, apportioned, or
withheld according to circumstances,
147; Millar v. Baker, 149.
If a trustee fails to bring in or account for
the money, bond, or notes, he may be
charged with the whole amount of the
sales. — Mackubin v. Brown, 416.
Bonds and notes may be assigned to the
parties in satisfaction of their claims,
but it is most usual to suffer the trustee
to hold them for collection, 416.
By holding the trustee liable the court
neither parts with any lien, nor exone-
rates any one else, 417.
A delinquent trustee cannot be let in to
have the benefit of a discount as against
any claimant in the case, 417.
Where a report of the auditor has been
affirmed, and the trustee directed to dis-
tribute the proceeds accordingly, he
must distribute the amount in hand ac-
cording to that proportion, and the resi-
due in the same way as received. —
Iglehart v. Armiger, 521.
A trustee and his surety may be called on
to bring the money into court or shew
cause. — Mullikin v. Mullikin, 539.

VENDOR AND VENDEE.
Land sold in a body, by a designated
name, or by the acre, there can be no
claim for deficiency. — Hoffman v. John-
son, 109; Murdoch v. Beal, 109.
But it is otherwise if it be sold by the
tract containing so many acres more or
less, 109.
To every grant of land from the State there
is an implied warranty to make up the
specified quantity to the holder, 110.
A holder of the legal title may by a war-
rant of resurvey take in any contigu-
ous vacancy, 110.
A vendee has aright to, and is bound to take
all incidents to the land he purchases,
and therefore must take land which the
vendor has included by a warrant of re-
survey. — Hoffman v. Johnson, 110.
Land devised to be sold was sold by the
executor under an apprehension, that he
was authorized to do so, the sale was af-
firmed. — Ex parts Margaret Blacky 142.
After a bill filed, if the purchaser, being
in possession, exercises acts of owner-

ship, he may be compelled to bring the
purchase money into court. — McKim v.
Thompson, 161.
A purchaser has a right to demand a
sound legal title, unless it has been oth-
erwise distinctly understood at the time
of the purchase. — Stewart v. Barry, 192.
To ascertain the true nature and meaning
of a contract the court may look into
all the contemporaneous dealings and
agreements between the parties, — Han-
nah K. Chase's case, 225.
The forms by which a feme covert of full
age may legally convey her right to real
estate or bar her right to dower, 228.
The origin and objects of recording con-
veyances for land, 230, note.
The usual receipt for the purchase money
on a deed for land is evidence of the low-
est order. — Lingan v. Henderson, 249.

WASTE.

A mortgagee in possession may be charged
with, and made to account for waste. —
Rawlings v. Stewartt 22.
On a bill for specific performance the de-
fendant being unable to make a valid title
was perpetually injoined from recovering
the purchase money, and the plaintiff or-
dered to account for waste beyond what
might have been proper in the use of
the land. — Rawlings v. Carroll, 76.
The difference between waste and tres-
pass. — Duvall v. Waters, 571.
An injunction maybe granted here to stay
waste in any case in which it would be
allowed by the English law, 576.
The nature and office of a writ of estrepe-
ment, 573.
The writ of prohibition to stay waste, 572.
Where waste has actually been committed
the plaintiff under an injunction bill
may have an account of waste, 577.
There is no common law mode of pre-
venting a threatened trespass, 573.

WITNESSES.
A summons for witnesses to depose before
commissioners to take evidence must be
served by the sheriff if required, upon
which their attendance may be enforced
by attachment. — Bryson v. Petty, 182.
The policy of the law does not permit a
solicitor to divulge the secrets of his
client without his consent. — Hannah K.
Chase's case, 222; Hodges v. Mullikin,
509.
A commission may be granted to take the
deposition de bene esse of an aged and
infirm witness. — Lingan v. Henderson,
238; Rymer v. Dulany, 238.
A witness may be compelled to attend and
give evidence under a commission sent
here from another State. — Gibson v.
Tilton, 354.