Richcreek v. Richcreek

On Petition for Rehearing.

Royse, P. J.

Appellant, in his petition for rehearing, earnestly contends our original opinion contravenes the well-established rule that an executor or administrator may appeal from an adverse judgment to sell real estate for the purpose of paying creditors. Our opinion does hot so hold. Appellant’s complaint as set out therein did not allege the facts required by the statute to give the trial court jurisdiction to order the sale of real estate for the payment of debts. Custer, Admr. v. Beyer (1921), 76 Ind. App. 303, 306, 130 N. E. 834; Simms v. Gilmore, Exr.…