State ex rel. Chemung Mining Co. v. Cunningham

Citations

• 6 Idaho 113
• 53 P. 451
• 1898 Ida. LEXIS 40

Syllabus

<p>Sale of Real Estate by Administrator. — Under the provisions of section. 5491 of the Revised Statutes, all sales made by an administrator of the estate of a deceased person must be reported under oath to, and confirmed by, the probate court before the title of the property sold passes.</p> <p>Same — Return of Sale — Confirmation by the Court. — No title passes until return of sale is made under oath and confirmed by the court, nor can the administrator legally convey the title until such report and confirmation are made.</p> <p>Administrator Must Execute Conveyance — Mandamus will Lie to Combel. — It is the official duty of an administrator, enjoined by statute, to execute a conveyance of real estate after return of sale has been made, as required by law, and confirmed by the court, and to execute a conveyance therefor as directed by the order of confirmation. In cases of refusal, mandamus will issue to compel him to act.</p> <p>(Syllabus by the court.)</p>