*  Gilmer  y.  Earnhardt,  1  Jones'  L.  659.
*  Dance  y.  Seaman,  11  Gratt.  778;  see,  howeyer,  the  obseryations  of  Allen,  P.,


318  SPECIAL  PB0V18I0NS.  [CHAP.  XI,

In  the  forms  of  general  assignments  now  in  use,  it  has
Ijeen  the  practice  not  to  fix  or  limit  a  particular  time  for  the
sale  of  the  assigned  property,  but  to  leave  it  to  the  discretion
of  the  assignees,  in  general  terms ;  they  being  only  directed
to  sell  "  with  all  reasonable  speed  ; "  or  "  as  soon  as  reason-
ably practicable ;  "  or  "  from  time  to  time,  and  at  such  time
as  they  may  deem  reasonable  and  proper ; "  or  the  like.^

§  220,  Mode  of  Sale. — It  has  been  a  common  practice  in
drawing  voluntary  assignments,  to  leave  the  manner^  as  well
as  Ume  of  sale,  to  the  discretion  of  the  assignees ;  authoriz-
ing them  to  sell  "  at  public  or  private  sale,"  as  they  may
deem  proper ; '  they  having  such  a  discretion,  in  the  absence
of  any  express  direction  or  authority  contained  in  the  instru-
ment.^ In  some  cases,  objections  have  been  raised  against
assignments  on  this  ground.  But,  in  Alabama,  a  discretion
of  this  kind,  given  to  the  tnistee  in  a  deed  of  trust,  has  re-


Id.  780.  With  regard  to  the  length  of  time  for  which  the  sale  may  be  delayed,
it  has  been  held  that  forty  days  (Hafher  v.  Irwin,  1  Ired.  L.  490),  three  months
(Christopher  ▼.  Coyineton,  2  B.  Mon.  [Ky.]  857),  four  months  (Cannon  t.  Peebles,
2  Ired.  L.  449 ;  b.  c.  4  Id.  204),  nine  months  (Gilmer  v.  Earnhardt,  1  Jones'  L  [N.
