Tatum

The action is to quiet title. The complaint is in the usual form and the answer avers title by virtue of an administrator’s sale, and it pleads the bar of section 1573 of the' Code of Civil Procedure. One Abisha S. Hudson, at the time of his death, held the title in fee and was in possession of the land, and the same was the community property of himself and wife, Rose E. Hudson. Decedent left a will wherein he appointed his wife and his niece, Mary F. Park, executrices of said will. Said will was admitted to probate, by the superior court of Kern County, on May 11, 1908, and, on said day, by written request of said Rose E. Hudson, W. Weyant was appointed administrator with the will annexed of said estate, who duly qualified as such and who continued to act in that capacity until his final discharge, on July 1, 1909. The said will contained the following clauses:

On June 5, 1908, Weyant, as administrator, sold the land in controversy to W. A. Sage, for $2,020. He filed his return of sale the next day, the sale was confirmed by the court June 16, 1908, and the administrator was directed to execute a deed to the purchaser. The order of confirmation of said sale contains this…