Devincenzi v. Figone

Citations

• 119 Cal. 498
• 51 P. 845
• 1897 Cal. LEXIS 929

Syllabus

<p>Estates of Deceased Persons—Order of Sale—Sufficiency of Petition— Collateral Attack upon Order.—An order of sale of real property belonging to the estate of a deceased person is an appealable order, and cannot be collaterally attacked for any objection to the petition upon which the order was made, which might have been corrected’ upon a direct appeal therefrom, unless such petition is so defective that the court did not acquire jurisdiction to make the order; and an objection made by the purchaser at the sale to an order confirming it, upon the ground that the petition for the sale did not properly state the condition of the property ordered sold, is a collateral attack upon the order of sale.</p> <p>Id.—Indefinite Statement as to Condition of Property—Jurisdiction— Collateral Attack by Purchaser.—Where the petition for the order of sale set forth a full description of the property, showing that it was improved, and stated that its condition was “fair,” and that its value was four thousand dollars, such indefinite statement of its condition, though it might have been objected to at the hearing on the ground of uncertainty, was sufficient to give the court jurisdiction to determine the sufficiency of the petition, and to receive evidence as to the condition of the property, and to make a valid order of sale, which cannot be collaterally attacked by the purchaser at the-sale for insufficiency of the petition.</p> <p>Id.—Degbee of Pabticulabity Required—Sale of Single Parcel.—The-sufficiency of the particulars of the condition of the property which should be set forth in a petition for an order of sale of real estate of. a decedent must be determined by the circumstances of each case; and where it is shown to be necessary to make a sale of property for the purpose of paying ólaims, and the estate consisted of a single piece of real property, a court would require less particularity in the petition than where the estate comprises several pieces of property, and it