Lake v. Hathaway

Citations

• 75 Kan. 391
• 89 P. 666

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Executor’s Sale — Validity—Collateral Attack. Upon a collateral challenge the validity of a sale of real estate ordered and confirmed by the probate court does not depend upon whether there were irregularities in the proceedings, but upon whether the court had jurisdiction to make the orders.</p> <p>2. -Rights of Innocent Purchaser at a Valid Sale. The confirmation of a sale made by an executrix in pursuance of an order of the probate court to sell land of the testator to pay the indebtedness of the estate, granted after a hearing had upon due notice, passes the equitable title of the land to an innocent purchaser and entitles him to a deed upon payment or tender of payment of the purchase-price.</p> <p>3. - Agreement of Heirs Not to Sell — Notice Not Given to Court or Purchaser. The fact that after the sale was ordered, and before it was made, the heirs of the testator, one of whom was the executrix, entered into a contract to settle the indebtedness of the estate without a sale of the real property, which contract was not brought to the notice of the purchaser or to the attention of the court until after the sale was confirmed and the deed approved, did not deprive the court of jurisdiction to confirm the sale nor affect the rights and liabilities of the purchaser.</p>