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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 646   View pdf image (33K)
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616 ANDREWS v. SCOTTON.

In England, it would seem to be usual, in sales under the au-
thority of the court, to offer a good title to the bidders; and hence
the references to a master, at the instance of a party or of pur-
chaser, of which we read so often, to ascertain whether a good
title can be made or not. (o) But in this state it has been always
the established law of the court, to sell all the right and title of
the parties to the suit, whatever that may be, and nothing more.
To all judicial sales under orders or decrees of this court, the rule
caveat emptor has been applied. And consequently no examina-
tion into the title, after the sale, is necessary, or can be called for

liver in or towards the discharge of the said claim, any bond or beads taken on the
sale of the said Andrews' real estate, unless from obligors who are also claimants,
on which interest is chargeable from 30th of April, 1793, and of which the principal
doth not exceed the sum of £839 14s. 3d.

After which the case was brought before the «ourt for further directions, in
regard to the sales made by the trustee.

14th March, 1797.—HANSON, Chancellor.—The location and quantity of the lots
of land sold by the trustee to Isaac Van Bibber appearing to be uncertain, the sur-
veyor is Ordered to survey and return plots, &c.

The surveyor having made return of a plot and certificate, as directed by this
order, the matter was again brought before the court.

24th January, 1799,—HANSON, Chancellor.—John Bouldin, surveyor, having made
out and returned a certificate and plot of numbers 1, 2, and 3, of the land of the
said William Andrews, sold to Isaac Van Bibber by William McLaughlin, former
trustee; and the present trustee, Randolph B. Latimer, and the said Isaac Van Bib-
ber, having, by writing in this court filed, agreed that the certificate and plot afore-
said contain the true location of the said lots numbers 1, 2, and 3; it is thereupon
adjudged and Ordered, that the lands sold by the said McLaughlin to the said Van
Bibber, are accurately described by the said certificate, except as herein after men-
tioned; that the said sale be hereby absolutely ratified and confirmed; and that the
said trustee, Randolph B. Latimer, provided the purchase money of the said lots
hath already been paid, or on payment of the said purchase money, shall, in the
manner directed by the original decree in this cause, convey unto the said Isaac
Van Bibber and his heirs the aforesaid three lots of land, according to the description
in the said certificate, except that the deed of conveyance shall describe the twenty-
third line of the third lot as running south nine degrees and one-half west, instead of
nineteen degrees and one-half west; the examiner-general having examined the
plot and certificate, and having suggested the correction.

And inasmuch as the said three lots do not contain so much land as they were
sold for by the said McLaughlin, it is further Ordered, that the said Van Bibber shall
have an allowance for the deficiency, viz. for 28 acres, 2 roods, and 20 perches ift
lot number 1; for 2 roods in lot number 2; and for 1 rood in lot number 3; amounting
in the whole to 29 acres, 1 rood, and 30 perches.

Ordered, further, that the said trustee, out of the money arising from the sale of
the real estate of the said William Andrews, do pay the expense of the survey and
delineation of the said lots, amounting to the sum of sixteen pounds ten shillings,
(o) Brown v. Wallace, ante 586.

 

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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 646   View pdf image (33K)
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