Estate of Boland

McKee, J.: This is an appeal from an order of the Probate Court of Sierra County, authorizing the administratrix of the estate of D. Boland, deceased, to resell certain real property of the estate, which had been formerly sold by the administratrix, and confirmed to the appellant as purchaser.

It is objected that the appellant was in no way a party to the order directing a resale,- and cannot, therefore, appeal. An appeal may be taken by any party aggrieved, from an order of the Probate Court against or in favor of directing the partition, sale, or conveyance of real property. (§§ 969, 938, Code Civ. Proc.)

The appellant describes himself in his notice of appeal as “a purchaser who purchased and paid for the real estate of deceased, described in and confirmed to him by an order of the Probate Court, made and entered December 9th, 1878.” As[312]suming that he is a party aggrieved by the order from which he appeals, (Adams v. Wood, 8 Cal. 306 ; Dennis v. T M. W. Co. 10 id. 369) and that the order itself is appealable, we find nothing in the transcript to indicate upon what the order was made, except it be the petition upon which the Court had acted in making the original order of sale. But the Probate Court had, on the 30th of December, 1878, vacated and annulled the decree of confirmation of the previous sale, the sale itself, of which the decree was confirmatory, and the order of sale upon which the sale had been made, upon the following grounds, as set forth in the annulling order, to wit:

“ That the petition praying for an order of sale of said real property filed herein August 30th, 1878, is not verified, and does not particularly describe, nor describe at all, the condition of the property sought to be sold.

“ That the condition of said property was not proved at the hearing had pursuant to said petition on October 5th, 1878;- and that the condition of said property is not set forth in the order of sale made herein, October 5th, 1878, nor in the decree confirming said sales of real property made herein, December 9th, 1878.

“ Wherefore, by reason of the last above recited facts and the premises, it appears that all the said proceedings are void in this, that the Court never acquired jurisdiction.”

Neither the appellant nor any one else complained of this annulling order or decree. No appeal from it was taken by any one purporting to have been aggrieved by it. It stands in full force, unappealed from and unreversed; and if the grounds upon which it was made be correct, there was nothing in the application for a sale of the real property of the intestate which authorized the Court to order a sale, or a resale, of the property.