Mauney v. . Pemberton

1. No authority is cited or good reason shown why a sale of land for assets, made by an administrator, pursuant to the judgment of the court of probate, in a special proceeding therein instituted for that purpose, is not a judicial sale as much as a sale for partition or any other purpose, previous to the adoption of the present Constitution. The sale made by the administrator was a judicial sale.

2. By force of ch. 31, sec. 129, of the Rev. Code, the courts ordering a judicial sale may, on motion, after ten days' notice, etc., enter judgment as soon as the money may become due, etc. This…