ANBREWS v. SCOTTON, 645

Where land has been sold, under the authority of this court, by
the tract or in parcels, containing so many acres, 'more or less,' the
Sale will not be rejected, unless the deficiency, should it be objected
to on that account, be material and considerable. It has been
established as the law of the land office, by the proprietary's in-
structions, as far back as the year 1684, that the words 'more or
less,' in every patent grant, shall be taken to amount to ten per
cent, over or under, and no more, (k) But in this court, and in
relation to private contracts, or to sales under a decree, the words
'more or less,' added to the statement of the quantity, has never
yet been fixed by any decision. (l) Each case appears to have
been governed by its own peculiar circumstances. Where the
deficiency was material in that part which was the inducement to
the purchase, or the like, the sale has been set aside, (m) But
where the deficiency has been such as not materially to vary the
contract, and the purchaser was still willing to purchase, a pro-
portionable deduction has been made. But where land is sold,
not by the tract or in a body, but by the acre, or in lots, at so much
per acre; and the alleged number of acres, or the location and
description of the lots should not be known or admitted, a survey,
when called for, may be ordered as of course; by which all un-
certainty as to the quantity and location of the land, and the
amount of the purchase money may be entirely removed, (n)

(k) Land. Hol. Ass. 253.—(l) Brown v. Wallace, ante 686.—(m) Stapylton v.
Scott, 13 Ves. 425.

(n) CHRISTIE v. HAMMOND.—This was a creditor's bill, filed by James Christie
and others against George A. Hammond and others, the devisees and executrix of
William Andrews, deceased. The defendants answered, and admitted the claims of
the plaintiffs and the deficiency of the personal estate.

20th June, 1791.—HANSON, Chancellor.—Decreed, that the real estate be sold, that
William McLaughlin be the trustee to make the sale, &c. 'And that when the said
sale shall have been approved, ratified, and confirmed by this court, and the purchase
money shall have been paid to the said trustee or his successor, or the bonds shall
have been assigned under the directions of this court, the said trustee, or bis succes-
sor shall, as trustee, convey,' &c.

After which other creditors came in, and filed the vouchers of their claims.

25th Mayt 1795.—HANSON, Chancellor.—The Chancellor having examined the
claim of James Christie, founded on five bonds for ,£100 each, and costs of suit and
interest from the date 18th of March, 1775, to the 30th of April, 1793, excluding the
time from the 4th of July, 1776, to the 3d of September, 1783, that being the dura-
tion of the war between the United States and Great Britain, to whom the com-
plainant is a subject, and the said claim amounting to £839 14s. 3d. It is adjudged
and Ordered, that on the application of the said Christie, or his attorney in feet,
assignee, or other legal representative, the trustee, R. B. Latimer, assign and de-
82 v.2