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WAMPLER v. SHIPLEY. 183
especially as he, this trustee, inquired into the facts and circum-
stances, and was satisfied as to the truth of there being almost a
total deficiency of the land sold.
28th January, 1831.—BLAND, Chancellor.—This case involves
so small an amount of property, that I have felt strongly inclined
to make the cheapest and most summary disposition of it, that the
established course of the court would permit. But even in an ap-
parently trifling matter, I cannot allow myself to depart from gene-
ral rules, where reason and all my experience here have demon-
strated, that they should be rigidly adhered to, as well for the
security of suitors as for saving the court itself from confusion and
difficulty in the discharge of its duties.
This court, in ordering a sale of property, never warrants a title
to the vendee. If there be any fraud, mistake, or misapprehen-
sion in the sale, this court itself, and none other, grants the relief;
and if the land be sold by the acre, the quantity is always ascer-
tained by a survey under its authority. But I never have, nor can
admit, that a trustee, after the sale has been ratified, shall be
allowed, in any manner, of himself and without the previous ex-
press authority of this court, to compromit, or abandon any right
in relation to the sale so made, or to relinquish the bond, bill, or
note taken for the purchase money, or to dispose of the property,
or purchase money to any one, or upon any ground whatever.
And moreover, I never have nor can admit, that any court of com-
mon law, or concurrent court of equity, much less a justice of the
peace, should undertake to pronounce, in a suit upon a bond, bill,
or note taken to secure the purchase money of a sale made under
the authority of this court, that the consideration of such instru-
ment had in part, or altogether failed; because of some fraud, or
mistake in the proceedings of this court, or its trustee. If any
trustee, or judicial authority, other than the Court of Appeals, were
to be suffered, upon any ground or pretext, thus to thwart the re-
gular course of this court, some of its most important proceedings
might be paralyzed or perverted; and the injury to its suitors
would be incalculable. Therefore, although the amount of value
involved in this case is exceedingly small, I cannot permit myself,
in any way, to tolerate or sanction what has been done by this
trustee and the justice of the peace.
Whereupon it is Ordered, that the said report of the trustee filed
on the 21st instant, be, and the same is hereby dismissed with
costs to be taxed by the register.
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