Brummagim v. Ambrose

Citations

• 48 Cal. 366
• 1874 Cal. LEXIS 157

Syllabus

<p>Judgment oe Pbobate Couet an Estoppel.—If a purchaser of land at an administrator’s sale fails to pay the purchase-money, and for that reason an application is made for a re-sale of which the purchaser receives personal notice and fails to appear, and a re-sale is ordered by the Probate Court, and is made at a less sum than that bid by the former purchaser, and the administrator sues to recover the difference between the two sales, the judgment of the Probate Court ordering a re-sale estops the defendant from setting up or proving in defense, that the administrator made fraudulent representations or defrauded him at the sale; or that the administrator, after the sale, paid him back the ten per cent, deposit, and released him from his bid, and took an assigment of his bid, or that the sale was cancelled by the administrator because he could not give the defendant possession.</p> <p>Idem.—A judgment of a Probate Court ordering a re-sale of property sold by an administrator for failure of the purchaser to pay the purchase-money, is conclusive on the purchaser, and estops him as to all matters which might have been litigated there.</p>