Hall v. Findley

Jenkins, Justice.

1. Under the Code, §§ 113-1801 to 113-1804, inclusive, when an executor, administrator, or trustee applies for leave to sell, or has obtained an order to sell any real estate as the property of the testator or intestate, “any person claiming such real estate may . . file in the court of ordinary an affidavit claiming said property;” and “the sale of the property advertised and claimed shall be postponed until after the termination of the claim case.” Irrespective of the merit or demerit of any right set up by the petitioner, on account of an interest in the property having…