ANDREWS v. SCOTTON. 629

ANDREWS v. SCOTTON.

The surveyor of the county may be ordered to survey the lands in controversy; to
take the depositions of witnesses; and to return plots.—Locations made under an
order of survey, which are not counter-located, are admitted.—The mode of selling
land under a decree; in such sales the court is the vendor, and retains a lien to
secure the payment of the purchase money; and if the purchaser fails to pay, he
may be proceeded against summarily; be sued upon his bond; and the land may
be re-sold at his risk; but the sale, as reported, must be first ratified, and the pur-
chaser must have been after that, first called on by an order to pay or shew cause.
—With the consent of all concerned, the sale may be at once confirmed.—The
grounds upon which a sale maybe rejected, or set aside.—The couit sells nothing
more than the interest of the parties to the suit; and therefore the purchaser can
call for no inquiry into the validity of the title.—The surveyor's fees are a part of
the costs; but if he fails to have them taxed and included in the decree, as affirmed
by the Court of Appeals, this court can give no relief.—A party brought before
the court, under an attachment to enforce the payment of money, on producing
his release under the insolvent law, may be discharged.—A party may sue on all
his securities at the same time, except where the bringing of suit on one of them
amounts to an abandonment of his rights to have recourse to the others.—A mort-
gagee cannot sue upon the bond for his debt, and also have a foreclosure of his mort-
gage.—In a suit to foreclose or sell, if, by a sale, the whole debt should not be
paid, the court cannot pass a decree for the payment of the balance.—An appeal
bond, on the decree being affirmed, becomes thereby an additional security for the
debt.—No such practice prevails, or can be allowed here, as that of opening the
biddings, as in England.—Commissions adjusted and allowed as between a former
and a present trustee.

THIS bill was filed on the 26th of February, 1822, by George
Andrews and Ennion Williams, against Ann Scotton, Robert E.
Scotton, Alice Jinn Scotton, Stephen Scotton, and Ashur Foulke.
The bill states, that in the year 1819, the plaintiff Andrews, for the
sum of $2,100, had purchased of the plaintiff Williams part of a
tract of land called Duvall's Delight, containing one hundred and
forty acres; that Andrews had paid the whole amount of the pur-
chase money; but had not obtained a conveyance from Williams of
the legal title; who, however, was willing and ready to convey it
as Andrews should direct; that soon after Andrews made this pur-
chase, he sold and contracted, in consideration of the sum of
$2,100, to convey the same land to Stephen Scotton; who had
made several partial payments at different times, leaving a balance
of $916, with interest from the date of the payments, still due and
unpaid; that the purchaser, Stephen Scotton, had since died intes-
tate, leaving a widow, the defendant Ann, and three infant chil-
dren, the defendants Robert, Mice, and Stephen; and that letters
of administration had been granted on his personal estate to the
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