Abel v. Lowry

OPINION

By the Court,

Badt, C. J.:

1. Did the district court sitting in probate have jurist-diction to vacate a prior order approving a compromise agreement entered into between the administrator and a third party claiming ownership of certain notes and mortgages ?

2. If it had such jurisdiction, what effect did such vacating order have upon the status of the compromise agreement?

These questions arise out of a judgment of the district court in favor of the defendant in an action brought by the administrator to recover possession of the notes and mortgages involved. The plaintiff’s appeal,…