588 BROWN v. WALLACE.

ker Mitchell, until the farther order or decree of this court in the
premises.

On the 29th of April, 1812, an agreement in writing was made
and signed by all these defendants, except the infant defendant
Jinn Mitchell, and filed, which, after referring to this decree, pro-
ceeds, in these words: 'Therefore we, the subscribers, heirs of
William Mitchell, being desirous that the whole of the property
mentioned in the proceedings aforesaid should be sold in the same
manner and on the same terms as is mentioned in the said decree;
do hereby authorize and request the said James Wallace, trustee
aforesaid, to sell the whole of the property mentioned in the said
proceedings, on the same terms as is mentioned in said decree;
and we do hereby further authorize and request the honourable the
Chancellor of Maryland, to ratify and confirm the said sale, when
so, as aforesaid, made by the said trustee.'

On the 22d of July, 1812, the trustee Wallace reported that,
after having given notice of the time, place, manner and terms of
sale, as required, 'he caused the said property to be laid off in
lots, and sold as follows, viz. Lots Nos. 1, 2, 3, 4 and 5, con-
taining ten acres each, and lot No. 6, containing six acres, the
said six lots being the whole of the tract called Convenience. Lot
No. 7, the tract called Herman's Addition, and Betty's Lot, con-
taining sixty-two acres. Lot No. 8, the fishery called The Cove,
with ten acres of land bounded as follows, to wit: Beginning,
&c. &c., containing, and laid out for ten acres of land, more or
less. Lot No. 9, the fishery called Barneys Fishery, with five
acres of land, bounded as follows, beginning, &c. &c., containing
five acres of land, more or less. Lot. No. 10, part of a tract of
land called Rupulta, and known by the name of Barne's Rupulta,
beginning, &c. &c., containing one hundred and thirty-nine acres,
including fifteen acres, heretofore laid off for Mrs. Dorset's dower,
and not sold with this lot. Lot. No. 11, part of a tract of land
called Rupulta, and known by the name of Governs Rupulta, be-
ginning for the same at the second boundary of the whole tract
called Rupulta, and running thence, &c. &c. to the beginning,
and laid out for one hundred and forty-three acres.' The trustee
further says, in his report, that the day being rainy, he postponed
the sale, to the 7th day of May, 1812, of which he gave notice,
when he attended, and 'proceeded to sell said property in the fol-
lowing manner, viz. the said trustee first exposed for sale lot No. 1,