State Ex Rel. Brink v. McCracken

On September 20, 1928, defendant, as executor of the estate of J. C. McCracken, deceased, filed his petition in the district court, requesting an order of sale of certain real estate. On October 6, an order of sale was duly filed and a sale had on December 1. Thereafter the executor filed a return and account of sale, and reported that he had sold the real estate for $2,060 and requested the confirmation of the same. The return and account was noticed for hearing for December 19. At the time fixed, plaintiff appeared in open court and offered in writing to purchase the real estate for $2,505,…