INDEX. 705
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Wallace, 594; Tyson v. Hollingsworth,
334.
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of limitations against any item by way
of exceptions to the auditor's report. —
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A sale ratified after a lapse of many
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Norwood v. Norwood, 481.
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years, no cause having been shewn.--
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McMullin v. Burris, 358. .
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SUBSTITUTION.
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That the court may not be
order, that the bids of some persons be
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The application of the principles of sub-
stitution.-— Winder v Diffenderfffer, 199.
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not received at all, or only upon con-
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dition, — Murdock's case, 465; Monroe
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SURVEY.
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v. Monroe, 465; Cresap v. Martin, 466.
No alienation of a party, pendente lite, can
affect the itte of the purchaser under
the decree.— Brown v. Wallace, 595.
The report of the trustee, when con-
firmed, is conclusive as to the terms of
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A warrant of re-survey issued and the ex-
ceptions thereto over-ruled. — The Pro-
prietary v, Bordley, 62.
A survey may be ordered on the applica-
tion of either party. — Norwood v. Nor-
wood, 475.
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the sale, 595.
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The lands laid down for either or both of
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When land is sold by the acre, a survey
and admeasurement, to ascertain the
amount, is granted as of course, 596.
In what cases land may be said to be
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the parties, must be laid down on the
same plot; but duplicate plots may be
made at the request of either party, 475.
This court cannot decide on the true
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sold by the tract, or by the acre, 696.
A purchaser cannot impeach the sale on
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location of land without referring it to
a jury, 476.
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the ground, that more had been sold
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The surveyor of the county may be or-
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than was necessary, 598.
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dered to lay down the lands in contro-
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The court sells only the interest of the
parties, hence the rule caveat emptor
applies to all judicial sales, 599. — An-
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versy, to take depositions, and to return
plots. — Andrews v. Scotton, 632.
locations not counter-located are admit-
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drews v. Scotton, 646.
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ted, 633.
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The mode of selling land under a decree ;
the court is the vendor, and retains a
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Surveyor's fees are a part of the costs,
and if not taxed under the decree as
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lien which may be enforced summarily,
and the purchaser proceeded against at
the same time. — Andrews v. Scotton,
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affirmed by the Court of Appeals this
court can give no relief, 662.
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629.
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TRUSTEE.
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The biddings are never opened merely to
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Where trustees under a will, not having
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let in a higher bid, 671.
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authority to sell, refuse to act, on a
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SLAVES
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bill, making them and the cestui que
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trusts, parties, another trustee may be
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A plaintiff, after a decree in his favour
for the delivery of certain slaves, may,
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appointed. — Winder v. Diffenderffer,
167.
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by a new bill, recover their increase
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A trustee who had held the estate of
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and profits, which had accrued since
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which partition was decreed, ordered
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the auditor's report, upon which the
decree was founded. — Crapster v. Grif-
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to account for its lents and profits, 179.
A trustee having the profits of the estate
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fith, 19.
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in his hands, ordered to pay the audi-
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A gift of freedom to a slave is a specific
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tor's fees, 176.
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legacy. — Hammond v. Hammond, 314
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The commissions allowed to a trustee
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not to be lessened on account of that
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SHERIFF.
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for which he had been charged with
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A sheriff ordered to bring in the body o
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compound interest, 207.
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a defendant returned attached for no
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It is the duty of a trustee to keep the
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answering. — Kipp v. Hanna, 28.
Sheriff amerced for not bringing in th
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court fully informed of all matters in
relation to his trust, 174. — Jones v.
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body.— Watts v. Campbell, 102; Wal
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Stockett, 426.
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lace v. Boteler, 101.
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Any one recognized as a trustee though
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STATUTE OF LIMITATIONS.
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not so expressly appointed must there-
after be so treatea. — Winder v. Diffen-
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In a creditor's suit the statute of limita
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derffer, 107.
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tions continues to run until the credito
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Where estates have been devised to be
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comes in. — Welch v. Stewart, 37.
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sold to pay debts, the trustee, who has
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No one catf have the benefit of the statut
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accented the trust, may be ordered to
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after an act done which implies an
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proceld, and to sell as directed real
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abandonment of such a defence, 37.
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estate lying out of the state. — Camp-
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A claim barred by a great lapse of time. —
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bell's case 211.
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The State v. Brookes, 43.
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Testamentary trustees on failing to give
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Under a decree to account a party may
avail himself of the benefit of the act
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bond as required may be removed, 212.
A trustee is liable for all the consequences
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