398 DEAKINS' CASE.

Immediately after this, the pleadings were, by mutual consent,
amended as suggested, a decree was prepared, and the
again submitted.

16th March, 1830.—BLAND, Chancellor.—Decreed, that the de-
fendants give credit to the complainant, on account of the judg-
ment in the proceedings mentioned, for the several amounts stated
in the paper marked D, as of the dates of the several dividends
due to the complainant; and also, with such other dividends as
may accrue on the stock before the sale thereof, as herein after
decreed. And it is further Decreed, that the shares of stock in the
bill mentioned be sold, and that Somerville Pinkney be, and he is
hereby appointed trustee to make the said sale, &c. He shall then
proceed to sell the said shares of stock to the highest bidder for
cash, to be paid on the day of sale or ratification thereof by the
Chancellor, giving at least ten days notice by advertisement, in one
of the newspapers published in the city of Annapolis, of the time,
place, manner, and terms of sale, &c. And upon the ratification
of said sale and payment of the whole purchase money, and not
before, the trustee shall in the usual form transfer to the purchaser
or purchasers the shares of stock to him, her, or them sold, &e.

After which the stock was sold as directed, upon which an ac-
count was stated by the auditor, which was confirmed on the 3d of
June, 1830, leaving a balance of $3,316 65 still due to the de-
fendants.

DEAKINS' CASE.

The proceedings of a trustee appointed, under the act of assembly, to dispose of pro-
perty directed by a will to be sold for the payment of debts or other purposes,
may be limited and controlled.—In appointing such a trustee, the court does
not confer upon him an authority more extensive than that specified in the will._
An order, directing a trustee to suspend further proceedings, operates as an injunc-
tion.—Where certain proceedings, apparently distinct, relate to the same estate,
and have been linked together by an order, they may be thenceforward proceeded
in as one suit.—An ex parte petition to appoint a trustee to sell under a will, may
be treated as a creditor's suit; and the creditors of the testator notified to file the
vouchers of their claims.—On a return cepi to an attachment, the sheriff may be
ordered to bring in the body.

THIS petition was filed on the 6th of August, 1817, by Edward
Thomas, in which he states, that the late William Deakins had, by
his last will, devised his real estate to be sold by his executor