644 ANDREWS v. SCOTTON.

stances, should be obtained; and the sale should be in all respects
a fair and honest one. These are the ends in view. To attain
them, in England, if after the biddings are closed, any one else
comes in and offers a much higher price, the biddings may be
opened, and the additional offer accepted. This phrase of 'opening
the biddings,3 which, in the English books, occurs so frequently,
means no more than a further suspension of the sale, and a con-
tinuance of the property in the market, (j) In this state, there
has been no instance of opening the biddings or suspending the
sale merely to let in another and a higher bid, and for no other
cause. But in this state, as well as in England, if there should
be made to appear, either before or after the sale has been ratified,
any injurious mistake, misrepresentation or fraud, the biddings
may be opened, the reported sale rejected, or the order of ratifica-
tion rescinded, and the property again sent into the market and
re-sold.

As to sales under the authority of this court, it has long been
well established, that any circumstance shewing that the sale was
injurious to the parties concerned, or that a better sale might rea-
sonably and probably have been made, is sufficient to prevent a
ratification. It is not incumbent on the party objecting to shew
favouritism, or an improper motive, although such proof would
furnish conclusive inducement for rejecting the proposed sale.
But where the property of infants was to be sold, even a strong
doubt of the propriety of the sale has been deemed sufficient to
prevent its ratification. And if, in any case, the trustee reports, that
there was an error, mistake, misunderstanding, or misrepresentation
as to the terms or manner of the sale, it may be at once rejected, and
a re-sale ordered without further inquiry. Objections are seldom
or ever made by any others than those directly interested. But
the court, in acting as proprietor, or as if the property were its
own, and in deciding on the merits of a sale, will avail itself of
information from every quarter from which it may be derived; that
is, from the original parties to the suit, or the creditors for whose
satisfaction the sale is to be made, or from any other person. In
such cases, however, much more attention will be paid to objec-
tions coming from those who are interested than from volunteers.
But it is not unusual, with the consent of all parties interested, to
ratify the sale immediately on its being reported, without giving
any notice or time for objections to be made by others.

(j) Sugd. Vend. & Pur. 45.