The weekly Panola star. [volume] (Panola, Miss.) 1857-1881, 1866-06-16
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mido ~ October, 1871. Without no
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lholy void n vlsarimlly treated.
n7 yuid for fho oonft held dal fhe
interest af iho wlrl dd uol pl.a le
ihr mlo 90 confirmed.
The msa " Bland p. Wuun A..
~ Miss ~, u % strong authority hi.
~ Che effect NJ % confirmation and fa.
cure irrcglaritiw in ihe proceedings
The law required nlca 10 Dc alyor
iIscd N lo.i thirty days. and the
record showed chat tle order of ale
wn. made 90 thc 2jlh of February.
aud That the sale took place On the.
Goth March, Just iweniy-thrco dn,.
after the order, yet The court said
"thc order Of the Probate Court con
hrming the sale, must be treated NJ
final and conclusive, until reversed.
unless the same be vacated for fraud
or other matter, which would render
II void
In Monk VA. Horne, 80 Miss. 100
Court evidently treat the question rs
settled. The plaintiff in error at
tempted to object to the admissibility
of proof Of an administrator sale,
on the ground that il had not been
confirmed. The court assume that
the objection was valid, but say that
It %"cannot avail the plaintiff under
the state of case presented By the
record. In the first place no objcc-
ton was made TO the admission OF
the evidence of the defendant on that
ground. lie is not TO be permitted
to allcge here another objection
against the competency Of the evil
dence; for If this had been made
in the court below, it might have
been obyiated by sufficient evidence
In the case Of Smith vs.. Chaplain,
CMS.) October term, 1861, it is said,
1.-TWO points under the decisions OF
this Court are already made out in
this record against the title Of appel
liant. |. There was no order of con-
firmation of the sale by the admins
traitor at the return term, or next
term of the court; and no order for
continuance or extension of time for
report; and no report made and con-
firmed until after this suit was COM
menced." The second point related
to the appointment Of Il guardian nd
Item, and the court held that for
those reasons the sale was void, and
the title of the purchaser invalid.
In view Of these decisions, which
all concur upon this point, that a con-
frmation is necessary to give any
effect and operation to a sale made
under a decree of the Probate Court,
it is impossible for us to regard it a.
an open quention.
The same rule prevails in the
courts Of chancery in England and
in this country, and there is too close
an analogy between the proceeding
and practice in the chancery court.
and probate courts to justify the cs.
adjustment by judicial decision oI
different rules in these courts in rela-
ton TO the particular subject under
discussion. Sir Edward snyder in
his valuable work on the law Of ven
doris and purchasers, vol. |, page GO
says: ain sales by auction or privat,
agreement, the contract is complct,
when the agreement is signed; but q
different rule prevails in sales bcfor,
a master; the purchaser IS not consid-
cred as entitled to the benefit Of hi,
contract till the masters report oI
the purchasers bidding is absolutely
confirmed" He shows also thai
under the English practice il Is th'
duty OF the purchaser to procure the
masters report and to obtain the con.
frmation Of it at his own expense
though in case of his failure thu
vendor may do il. And the authoI
states some important consequence
flowing from the principle that th'
bidder Il not considered a. the pur
chaser until the report IS confirmed
to-wit: that he j. not liable to am
loss by FIRE or otherwise which ma,
happen to the estate in the in.crim
nor i hc until confirmation compel
liable to complete his purchase; con
illusions hal would appear to b
equally applicable TO sales under
decree Of the Probate Court"
Chancellor Buckncr SAYS: "By th
I English practice the whole proceed
, ing Is considered in feri, until th
report Is confirmed, the purchas
money paid and the conveyances exc
: cutod and delivered" And he r,
marks, "The true theory Of sales q
! this character Is that the court
, itself the vendor and the commits
. si6ncr or master it, mere ageu. e
. executing it, will. The whole pr
, cccding from it, incipicnt stage up |
: the first ratification Of the rrportc
! sale, and the passing of the title
!, the vendor. and the money to IL
person entitled to It, i under the St