Halleck v. Guy

Citations

• 9 Cal. 181

Syllabus

<p>A sale of property, under an order of the Probate Court, is a judicial act, and therefore not within the Statute of Frauds.</p> <p>A substitution of one bidder for another, at executor’s sale, who fails to comply with the terms of sale, cannot effect the validity of the sale. The order directing the sale and the order confirming it, give vitality to the purchase.</p> <p>A purchaser at executor’s sale, under an order of the Prohate Court, cannot refuse to pay the purchase-money on the ground that the notice of sale stated a good title, and that the title was not good. The sale was stated in the notice as a probate sale, the bidder knew its character, the effect of the deed, and is bound to examine the title for himself. In these sales, caveat enptor is the rule.</p> <p>Where the terms of the sale were, one-half of the purchase-money cash, and the remainder in ninety days, with interest from date of sale, at the rate of one per cent, per month, and the purchaser elected to pay the whole amount down; Held, that the purchaser is entitled to a reduction for the interest on one-half of the purchase-money.</p>