Graden v. Mais

The opinion of the court was delivered by

Johnston, C. J.:

A point of controversy in an action of ejectment between the appellee and the appellants is the validity of an administrator’s deed. In an earlier appeal it was determined that a preliminary order of the probate judge requiring notice of the time and place of hearing an application to sell land and prescribing the length of time and the manner in which notice should be given is essential to the validity of the notice, and that as the record of the probate court failed to show such an order the notice and the deed based thereon could not…