McCarty

This is an appeal by the defendant from a judgment against him for .$33,023, together with interest from February 10, 1912. This amount represents the balance due upon the purchase price of land belonging' to the estate of Anna B. McCarty, deceased, and which had been sold to defendant upon an order of court, made and entered in the course of probate proceedings.

The record presented upon appeal is lengthy and it would serve no useful purpose to discuss the facts in detail because the matter has been considered twice by our supreme court. Upon the first trial of the cause judgment was given for the defendant and this judgment was affirmed by the district court of appeal. A hearing was granted by our supreme court and said judgment in favor of defendant was reversed. Thereupon, the defendant and present appellant petitioned the supreme court for a rehearing of said matter and a supplemental opinion was filed in answer to this petition, which did not, however, change the effect of the opinion. (McCarty v. Wilson, 184 Cal. 194 [ 193 Pac. 578 ].) Thereafter, a second trial was had, resulting in a judgment for the plaintiff from which this appeal is taken. The facts found by the trial…