466 MURDOCK'S CASE.

perly made such a report in regard to the defendant who had al-
ready made default in not paying the debt within the time allowed

consider it competent for the court to decree or order the same in a summary way.
The trustee is authorized and directed to make a re-sale of the property as directed
in the decree, repeating the notice, and inserting therein the farther terms which are
hereby added, to wit, that on failure of the highest bidder to comply with the terms,
by giving bond on the day of sale, the next highest bidder will be considered the
purchaser, and so on if there should be several bidders.

The property was re-sold accordingly, and the sale finally ratified.

CRESAP v MARTIN.—In this case Hector Scott, the purchaser at the trustee's
sale, after the sale had been reported, and an order of ratification nisi had passed, but
before the time allowed to shew cause had elapsed, on the 27th of May, 1822, filed
his petition, in which he acknowledged he had been the highest bidder as reported,
but prayed that the sale might not be ratified, because the land was subject to the
liens of several other and prior incumbrances, the holders of which were not parties
to the suit; and also, because Maria Keene, a party, was, at the time the suit was
instituted, and then was a lunatic. At the foot of this petition the trustee subjoined
his assent to the vacation of the sale, because the petitioner was, as he said, an insol-
vent debtor.

28th May, 1822.—JOHNSON, Chancellor.—The trustee, and Robert Oliver, who
claims an interest in the premises, also consent that the sale made to Hector Scott
should be set aside, for the reasons set forth by them; and as Hector Scott is not
satisfied with the title that may be obtained under the proceedings, an application on
the part of the trustee is made, that he should not again be permitted as a purchaser.

It is thereupon Ordered, that the said sale, made by the trustee, be, and the same
is hereby annulled and set aside. The trustee will again expose the premises to sale
under the decree; and at the time of sale, he will pay no regard to any bid the said
Hector Scott may make for any part of the property, and the highest bidder, exclud-
ing the said Scott, shall be returned as the purchaser.

On the 7th of August, 1822, Hector Scott filed a petition remonstrating against
the said order excluding him from the biddings, and stating that others, through him,
might be willing to buy the land, notwithstanding any objections he might have to
the title under the decree; and that his exclusion, or that of any one else, might ma-
terially prejudice the sale; and averring that he had no knowledge whatever of the
proposal of the trustee to have him excluded.

8th August, 1822.—JOHNSON, Chancellor.—According to the report of the trustee
heretofore made, Hector Scott was reported as the purchaser. By the terms of sale,
the purchaser was to pay the money on the day of sale, or on the ratification. The
money was not paid on the day of sale, and previous to the time fixed on for the rati-
fication, the purchaser himself objected to the ratification, alleging the title was inse-
cure, and requesting the sale should be annulled. The trustee seeing that the pur-
chaser wished the contract to be destroyed, consented to an order to that effect. In
the passing the order, no judgment was formed as to the sufficiency or insufficiency
of the title; but as the purchaser himself had, on examination, it is presumed, satis-
fied himself of the defect of the title, it is hardly to be presumed he would wish
again at a public sale to bid for the land, the title to which remained as before; but
lest this might be done, and that for the purpose of delay, and to defeat an effectual
sale, beneficial to those concerned in the decree, it was thought advisable to direct