MURDOCK'S CASE. 465

the ratification of the sale, that the next highest bidder should be
considered as the purchaser, and that he had sold to Elizabeth
Murdoch, the defendant, as the highest bidder, and William
Brewer, the plaintiff, as the next highest bidder. Upon which,
the usual order nisi was passed; which having been published, the
matter was submitted.

20th January, 1829.—BLAND, Chancellor.—While on the one
hand this court has allowed to a trustee, in some respects, a greater
range of discretion in making sales under a decree than is granted
to a master in chancery in England; (6) so, on the other hand,
it has, as occasion seemed to require, guarded such sales with
more precautionary restrictions than have ever been adopted by
the English court. This court will not suffer its proceedings to
be delayed or perverted in any way whatever; (c) and therefore,
where it has ascertained, that a person who had been reported by
the trustee as the highest bidder had been unable to comply with
his bid, or had conducted himself fraudulently, or had attempted
to baffle the court; upon a re-sale, the trustee has been ordered to
reject the bid of such person altogether. And so too where there
is just reason to believe, that some one or more persons intend
to outbid all others, and cause themselves to be reported as
purchasers, with a design to embarrass the court, or to delay the
plaintiff in the recovery of his claim; or who having no osten-
sible means of paying the purchase money, may yet be tempted
to bid over every one else from an idle hope of being able to
pay, the court may order or allow the trustee to report two or more
persons as the highest bidders, upon the express condition, that
if he who is reported as the highest bidder does not comply with
the terms of sale, the next highest bidder may be received and
considered as the purchaser, (d) The trustee has here very pro-

(6) Gibson's Case, 1 Bland, 144.—(c) Deaver v. Reynolds, 1 Bland, 50.

(d) MONROE v. MONROE.—In this case the decree directed the real estate of Ho-
ratio G. Monroe, deceased, to be sold on a credit of twelve months. Before a rati-
fication of the sale, or even the publication of the usual order nisi, the trustee, by his
petition not sworn to, stated that James Monroe, who he had reported as the purcha-
ser, had positively and repeatedly refused to give bond for the payment of the pur-
chase money, as required by the terms of the sale; whereupon, the trustee prayed
that a re-sale might be ordered at the cost of the purchaser, making him liable to pay
the loss, if any, Sic. Upon which an order was passed appointing a day for hearing,
of which notice was to be given; after which notice having been given, the matter
was brought before the court.

14th July, 1821.—KILTY, Chancellor.—Without expressing any opinion as to the
liability of the purchaser to pay the difference or loss, if any, on a resale, I do not