State ex rel. Bogey v. Neal

The opinion of the court was delivered by

Mount, J.

Upon the application of relator, a temporary writ of prohibition was issued, prohibiting respondents from confirming a sale of real estate sold under the order of the court commissioner in Douglas county. Upon the return day of the temporary writ, respondents appeared, and filed a return to the show-cause order, and a brief in support thereof. The facts, as they appear from the petition and return thereto, are substantially as follows:

On the 19th day of December, 1901, George Dewhirst, a resident of Douglas county, died intestate in said…