Reeside v. Peter

Bartol, C. J., delivered the opinion of the Court. This case arises upon exceptions to the ratification of a sale made by the appellee, as trustee, under a deed of trust containing a power to sell. On a former appeal between the same parties, 33 Md., 120 , a previous sale made by the trustee was set aside, on the ground that the property was not sufficiently described or designated in the public notice of sale given by the trustee; and the cause was remanded, in order that the property might be ²²² re-sold, and the necessary steps taken in the Court below for that purpose, in conformity with the opinion of this Court. The trustee thereupon proceeded to advertise the property again for sale, under the power contained in the deed, and the sale was made on the 24th day of August, 1870, and a report thereof made to the Circuit Court.

The appellants filed six objections to the ratification of the sale. Of these, the third and fifth have been properly abandoned by the appellants, and need not be particularly noticed. The fourth and sixth have not been supported by proof. The second alleges that the terms of sale prescribed by the trustee were harsh and unusual, and precluded parties from attending the sale who otherwise would have been bidders.

To this objection it has been well answered by the appellee, that the deed leaves the terms of sale to the discretion of the trustee. Besides, the terms were not harsh or unreasonable— the purchase money was required to be paid one-half in cash, and the other half, with interest, in two equal instalments, in six and twelve months after the day of sale. In our opinion there is no force in this objection, and it was properly overruled by the Circuit Court. The first objection lias been mainly relied upon in this Court.

It rests upon the ground that it was necessary, after the case had been remanded, for the Circuit Court to pass an order directing a re-sale of the property, and that the trustee had no power to sell without such order. In our opinion, such order was