BROWN v. WALLACE. 589

and William B. Stokes became the highest bidder and purchaser
thereof, by bidding therefor $41 per acre, amounting, in the whole,
to the sum of $410.' That he then offered for sale, and sold lots
Nos. 2 and 3, of which, with lot No. 1, it was agreed, by the
bidders for them, that Samuel Hughes should be let in as the pur-
chaser. That of lot No. 4, William Cole became the purchaser at
$43 per acre; and of lot No. 5 at f 34 50 per acre. 'The trustee
then offered for sale lot No. 6, and said William Cole became the
highest bidder and purchaser thereof, by bidding therefor the sum
of f 20 per acre, amounting, in the whole, for said lot, to the sum
of $120.' The trustee further says that he sold lot No. T to Abra-
ham Jarrett; No. S to Samuel Hopkins; No. 9 to Joseph Hopkins;
No. 10 to Parker Mitchell; and then the trustee concludes his
report in these words. 4 The said trustee then offered for sale lot
No. 11, and Freeborn Brown became the highest bidder and pur-
chaser thereof, by bidding therefor $23 per acre, amounting, in the
whole, to the sum of $3,289; and the said Freeborn Brown now
refuses to give bond for the payment of the purchase money. The
said trustee further states that all the heirs of William Mitchell,
and those with whom they have intermarried, except ————Mit-
chell, who is a minor, having expressed a great desire that the whole
of the property mentioned in the proceedings of their suit with the
heirs of James Mitchell, except their interest in Cooley's Fishery,
should be sold under the decree aforesaid, and the trustee foresee-
ing no inconveniency that could result either to the heirs of Wil-
liam Mitchell, or the purchaser or purchasers of said property, in
case the whole of the sales should not be ratified, did sell the
whole of said property in the manner herein before stated.'

Upon which, on the 27th of February, 1813, the usual order
nisi was passed; and, no cause having been shewn, the sales, as
thus made and reported, were, on the 15th of July, 1813, finally
ratified and confirmed. Some time after the trustee had thus made
his report of the sales, Freeborn Brown gave his bond with Wil-
liam Brown as his surety for the payment of the purchase money;
and Freeborn Brown was soon after put into the actual possession
of lot No. 11, as the purchaser thereof, by the trustee.

After which William Cole, by his petition, stated, that he had
purchased as reported by the trustee; but that the tract of land
called Convenience, of which the lots he purchased were parts, was
sold by the acre, and that it was distinctly understood, at the time
of the sale, that a deduction should be made for any deficiency;
75 v.2