708 INDEX.

he may sell as he can, 144; Mackubin v. Brown, 413.	ship, he mar be compelled to bring the purchase money into court. — McKim v.
He cannot give notice to creditors with-	Thompson, 161.
out an order from the court. — Gibson's	A purchaser has a right to demand a
case, 144.	sound legal title, unless it has heen oth-
Commissions to trustees are regulated by	erwise distinctly understood at the time
act of Assembly and by rule of court, 145—147.	of the purchase. — Stewart v. Barry, 192, To ascertain the true nature and meaning
A trustee may employ an auctioneer to	of a contract the court may look into
whom a fee of five dollars may be al-	all the contemporaneous dealings and
lowed for each separate sale, 147.	agreements between the parties, — Han-
The commissions of a trustee may be	nah K. Chase's case, 225.
increased, diminished, apportioned, or	The forms by which a feme covert of full
withheld according to circumstances,	age may legally convey her right to real
147; Millar v. Baker, 149.	estate or bar her right to dower, 228.
[f a trustee fails to bring in or account for	The origin and objects of recording con-
the money, bond, or notes, he may be	veyances for land, 230, note.
charged with the whole amount of the sales. — Mackubin v. Brown, 416.	The usual receipt for the purchase money on a deed for land is evidence of the low-
Bonds and notes may be assigned to the	est order. — Lingan v. Henderson, 249.
parties in satisfaction of their claims,
but it is most usual to suffer the trustee	WASTE.
to hold them for collection, 416. By holding the trustee liable the court	A mortgagee in possession may be charged with, and made to account for waste. —
neither parts with any lien, nor exone-	Rawlings v. Stewart, 22.
rates any one else, 417.	On a hill for specific performance the de-
A delinquent trustee cannot ^e let in to	fendant being unable to make a valid title
have the benefit of a discount as against any claimant in the case, 417.	was perpetually injoined from recovering the purchase money, and the plaintiff or-
Where a report of the auditor has been	desed to account for waste beyond what
affirmed, and the trustee directed to dis-	might have been proper in the use of
tribute the proceeds accordingly, he	the land. —Rawlings v. Carroll, 76.
must distribute the amount in hand ac-	The difference between waste and tres-
cording to that proportion, and the resi-	pass. — Duvall v. Waters, 571.
due in the same way as received. —	An injunction maybe granted here to stay
Iglehart v. Armiger, 521.	waste in any case in which it would be
A trustee and his surety may be called on	allowed by the English law, 576.
to bring the money into court or shew	The nature and office of a writ of estrepe-
cause.— Mullikin v. Mullikin, 539.	ment, 573.
	The writ of prohibition to stay waste, 572.
VENDOR AND VENDEE.	Where waste has actually been committed
Land sold in a body, by a designated	the plaintiff under an injunction bill
name, or by the acre, there can be no	may have an account of waste, 577.
claim for deficiency. — Hoffman v. John-	There is no common law mode of pre-
son, 109; Murdoch v. Beal, 109,	venting a threatened trespass, 573.
But it is otherwise if it be sold by the
tract containing so many acres more or	WITNESSES.
less, 109.	A summons for witnesses to depose before
To every grant of land from the State there is an implied warranty to make up the	commissioners to take evidence must he served by the sheriff if required, upon
specified quantity to the holder, 110.	which their attendance may be enforced
A holder of the legal title may by a war-	by attachment. — Bryson v. Petty, 182.
rant of resurvey take in any contigu-	The policy of the law does not permit a
ous vacancy, 110.	solicitor to divulge the secrets of his
A vendee has aright to,and is bound to take	client without his consent. — Hannah K.
all incidents to the land he purchases,	Chase's case, 222; Hodges v. Mullikin,
and therefore must take land which the	509.
vendor has included by a warrant of re-	A commission may be granted to take the
survey. — Hoffman v. Johnson, 110. Land devised to be sold was sold by the	deposition de bene esse of an aged and infirm witness. — Lingan v. Henderson,
executor under an apprehension, that he was authorized to do so, the sale was af- firmed.— Ex parte Margaret Blacky 142.	238; Rymer v. Dulany, 288. A witness may be compelled to attend and give evidence under a commission sent
After a hill filed, if the purchaser, being	fiere from another State. — Gibson v.
in possession, exercises acts of owner-	Tilton, 354.