In re Stewart

Ketcham, S.

There is no warrant for confirmation of a •sale of decedent’s lands for the payment of his debts. Former section 2776 of the Code of Civil Procedure, which required an order confirming the sale, was repealed, in 1904, by the act which reformed the practice relative to the sale of decedent’s lands. Laws of 1904, chap. 750.

It is not possible that a procedure thus deliberately excluded was impliedly preserved by the incidental reference which was unfortunately left in section 2774 of the Code. That section, in like manner, retained the provision that “ a freeholder appointed ’to…