ANDREWS v. SCOTTON. 631

of the two last instalments with interest, notes or bonds with secu-
rity, to be approved of by the trustee, shall be given, &c.

Under this decree, the trustee Foulke on the 29th of August
made a report, in which he says, that 'after having given bond and
advertising the terms of the sale in two public papers agreeably to
the directions of said decree, a public sale was held on the 23d
day of July, when there was no more bid than $8 per acre, which
was not thought sufficient to authorize a sale; and have since sold
it on the 28th day of August, 1822, as may be made appear, for
$11 per acre; the land supposed to contain one hundred and forty
acres.' Upon which an order was passed on the same day, that
the sale be ratified on the 10th of November following, unless
cause shewn to the contrary, &c.

Samuel Anderson on the 9th of October, 1822, filed his petition,
in which he states, that he contracted with the trustee Foulke for
the purchase of the land called Duvall's Delight, supposed to con-
tain one hundred and forty acres, at the sum of f 11 per acre;
and by the trustee's report was returned as the purchaser; that the
trustee represented a piece of woodland on the north side of the
tract as a part of it; that Anderson had since been credibly in-
formed, and believed, that the lines of several neighbouring tracts
ran into and took off the greater part of the woodland; that the
location of the woodland was the principal inducement to his pur-
chasing the tract; and is material and necessary to the possession
and enjoyment of it. Upon which he prayed, that the sale as
made and reported might not be ratified.

9th, November, 1822.—JOHNSON, Chancellor.—The within peti-
tion will be heard on the 30th instant; provided a copy thereof,
and of this order, be served on the said Ashur Foulke before the
16th instant. It is further Ordered, that depositions taken before
any justice of the peace on three days' notice thereof to the par-
ties, or their solicitors, be read and received as evidence at the
hearing. _________

To this petition of Anderson's the trustee Foulke, on the 4th of
December, 1822, put in his answer, on affirmation, in which he
avers, that he never shewed or made any representation to Ander-
son as to the lines of that part of the tract called Duvall's Delight,
which he had sold to him; that he knew the lines at the time he
made the purchase, they having been shewn to him by the sur-