tempt must be employed to enforce their execution.154 In some jurisdictions, a master or other officer of the court is authorized by statute to execute conveyances which, previous to the passing of the act authorizing it, were required to be executed by the parties.155 A question has arisen concerning the effect of a deed of property, situated in one state, executed in another state by such master or other officer, in pursuance of a decree of a court in such latter state. It is held that such a deed is void.158 § 738. Sales of property-By whom conducted. It frequently becomes necessary for the court to order the sale of property involved in the litigation. The manner of conducting such sales, the notice required to be given thereof, and the persons authorized to conduct the same are usually provided for by statute or rule of court. Sales of premises under a decree in chancery are usually made by a master or commissioner, or under the immediate direction of such officer, who may, however, employ an auctioneer merely to conduct the sale in his presence.157 Masters' sales are usually managed by the solicitor for the complainant, and it is held that he is, in all questions which may arise between the vendor and purchaser, to be considered as the agent of all the parties to the suit.158 Notice is usually required to be given where property is sold. The requirements of such notice are usually specified by either a stat ute, rule of court, or the decree directing the sale. The master or commissioner directed to sell such property draws up a notice of the time and place of sale, containing a description of the Gray, 123 Ala. 376, 26 So. 643. For practice in federal courts, see Foster, Fed. Pr. § 348; Beach, Mod. Eq. Pr. §§ 897-902. For form of order au thorizing writ, see Cook v. Moulton, 68 Ill. App. 481. 1541 Barbour, Ch. Pr. 441; Ormsby v. Nicholson, Vern. & S. 115. 155 1 Barbour, Ch. Pr. 441. See Foster, Fed. Pr. § 349. 156 Watts v. Waddle, 6 Pet. (U. S.) 389; Morris v. Hand, 70 Tex. 481 8 S. W. 210; Burnley v. Stevenson, 24 Ohio St. 474; Gibson v. Burgess 82 Va. 650; Page v. McKee, 3 Bush (Ky.) 135; Poindexter v. Burwell 82 Va. 507. 157 1 Barbour, Ch. Pr. 525; Heyer v. Deaves, 2 Johns. Ch. (N. Y.) 154 158 Dalby v. Pullen. 1 Russ. & M. 296. property to be sold. It is usual to insert in such notice the title of the cause.159 It is proper to insert such title in the notice by stating the names of the first complainant and first defendant, and adding the words "and others," where there are several complainants and defendants.160 Although a residuary legatee, or tenant for life, or the owner of a reversionary interest, may become the purchaser at a sale under order of the court, it is necessary, if he be a party to the record, that he should have a previous order to warrant his being admitted as a bidder at the sale, and the court will not permit a party having such an order to conduct the sale.161 If a master's conduct is grossly oppressive and improper, upon a sale by him it will be ordered to be set aside, and, under certain circumstances, the costs of so doing, and of subsequent proceedings, have been taxed against him.162 In ordinary sales by auction or private agreement, the contract is complete when the agreement is signed, but a different rule prevails in sales by a master. In such cases, the purchaser is not considered as entitled to the benefit of his contract till the master's report of the purchaser's bid is absolutely confirmed.163 Under the English practice, in order to obtain the benefit of his contract, the purchaser, at his own expense, procured a report from the master's office of his being the highest bidder for the property.164 In most jurisdictions the complainant procures and files the master's report of sale.165 After the master's report has been filed, the court enters an order that the sale may be confirmed. It is usually provided that the sale may be confirmed unless cause is shown against it within a specified number of days, and, if no such cause is shown with 159 1 Barbour, Ch. Pr. 526. 160 Ray v. Oliver, 6 Paige (N. Y.) 489. 161 1 Barbour, Ch. Pr. 527; Williams v. Attenborough, Turn. & R. 76; Domville v. Berrington, 2 Younge & C. 724. 162 Baring v. Moore, 5 Paige (N. Y.) 48. 163 1 Barbour, Ch. Pr. 529. 164 1 Sugden, Vend. 59. 165 1 Barbour, Ch. Pr. 529. in that time, the order shall become absolute of course.166 It is a settled maxim of equity that persons purchasing under a decree of the court are bound to see that the sale is made according to the decree. It is also the business of the purchaser to see that all the persons who are necessary to convey are before the court, for, if he takes a title under a decree which an imperfect suit does not protect, he must abide the consequences.167 A purchaser is not bound to see to the application of the purchase money. Neither is he affected by irregularities or defects in the decree, by which the application of the money may not have been properly secured.168 He is entitled to the profits of the estate from the time fixed upon for completing the contract, whether he does or does not take possession of the estate; and as from that time the money belongs to the vendor, the purchaser will be compelled to pay interest for it, if it be not paid at the day.10 169 § 739. Lien of decrees. Statutes are found in most jurisdictions making a decree for the payment of money a lien upon the property of the defendant. The steps necessary to perfect and maintain, and the duration of, and the means of enforcing, such lien, are dependent upon local regulation, and it is impracticable to here consider the requirements of the respective jurisdictions.170 168 1 Barbour, Ch. Pr. 529. 167 1 Barbour, Ch. Pr. 529; Colclough v. Sterum, 3 Bligh, 181. 168 Curtis v. Price, 12 Ves. 89. 169 1 Barbour, Ch. Pr. 530; 2 Sugden, Vend. 1. For rules as to the payment of interest, see Anson v. Towgood, 1 Jac. & W. 637; Esdaile v. Stephenson, 1 Sim. & S. 122; Barker v. Harper, Coop. 32; Trefusis v. Clinton, 2 Sim. 359. 170 See Act Cong. Aug. 1, 1888 (25 Stat. 357), where it is provided that judgments and decrees rendered in a federal court within any state shall be liens on property throughout such state, to the same effect and under the same conditions only as if such judgments and de crees had been rendered by a court of general jurisdiction in such state; provided that, when such state requires a judgment or decree of a state court to be registered, recorded, docketed, or indexed in a par ticular manner, or in a certain office, before a lien shall attach, the federal statute shall apply therein whenever the laws of such state authorize the judgments and decrees of the federal courts to be registered or otherwise conformed to the rules relating to state judgments or decrees; and providing for the keeping, by the clerks of the several federal courts, of indexes of judgment records; and also declaring that nothing therein shall be construed to require the docketing of the judgment or decree of a federal court, or the filing of a transcript thereof, in any state office within the same county (or parish, in the state of Louisiana) in which the judgment or decree is rendered, in order that such judgment be a lien on property within such county. "Judgments and decrees of courts of the United States held within this state [Illinois], and all writs, returns, certificates of the levy of a writ, and records of said courts, may be registered, recorded, docketed, indexed, or otherwise dealt with in the public offices of this state, so as to make them conform to the rules and requirements relating to judgments and decrees of courts of this state." Starr & C. Ann. St. Ill. c. 77, par. 80. See, for consideration of this question, Foster, Fed. Pr. § 378. (765) § 740. In general. CHAPTER XXXVII. FURTHER DIRECTIONS. A decree made without any reservation of further directions constitutes a final decree, and, after it has been pronounced, the cause is at an end, and no further hearing can be had.1 When further directions are reserved by a decree or order, it becomes necessary to set the cause down for hearing for such further directions.2 The consideration of further directions is only reserved in decrees and decretal orders. In other orders, the reservation is: "Upon the coming in and confirmation of said master's report, such further order may be made in the premises as shall be just." Where a decree is interlocutory, and the consideration of further directions has been reserved until after the trial of an issue, or until the coming in of the master's report, or some other step in the cause, it is necessary, in order that a complete termination may be put to the suit, that it should again be set down to be heard for further directions, which process must be repeated, as often as any further directions are reserved by the last decree pronounced. 1 Adams, Eq. 388. 21 Barbour, Ch. Pr. 559. Where a 1 Barbour, Ch. Pr. 558; 2 Smith, Ch. Pr. 395. 41 Barbour, Ch. Pr. 558. ""Further directions' are not given upon motion. They are only granted upon a hearing after a master's report, or upon the case coming on again for the purpose, in pursuance of a former order or decree. The court may then add to a decree, for instance, by allowing interest upon a sum reported by the master to be due (Creuze v. Hunter, 2 Ves. Jr. 164), or by declaring what are the rights of parties as ascertained under the first order or decree, and thus carry out and effectuate the object of the suit; but, upon a hearing for further directions on points or equity reserved, the court cannot mate |