Pace v. Fishback

WILLIAMS, Associate Justice.

In the case of Ball, Hutchings & Co. v. Collins, reported in 5 Southwestern Reporter, 622, it was held, that an order of sale by the Probate Court was essential to the validity of a sale of land belonging to an estate, made by an administrator; and that the absence of such an order was not supplied by an order of confirmation. That question was thoroughly discussed on motion for rehearing, and the decision was adhered to by the Supreme Court.

On the trial of the present case in the court below, appellee Fish-back claimed the land in controversy under a sale made by…