Appeal from the Probate Court of Sonoma county.

This is an appeal from an order of the Probate Court of Sonoma county refusing to confirm a sale of a parcel of real estate made by the administrator. On the seventh of October, 1861, the Court made an order directing the administrator to sell at public auction seven different parcels of land, a separate and particular description of each parcel being contained in the order. The order recited that the object of the sale was to pay the debts of the estate and the expenses of administration, and stated the amount of these debts and expenses, but contained no direction that the administrator should sell only sufficient to pay this amount, or that, he should do otherwise than sell each of the parcels described* It was conceded that all the statutory provisions respecting the preliminary steps necessary to be taken in procuring the order were complied with. The petition filed by the administrator to obtain the order stated, among other things, the amount of the debts and expenses, and the estimated value of each of the parcels of land as fixed by the appraisers, and prayed for the sale of the whole, or so much as might be necessary to pay the debts and expenses.

The administrator, in obedience to the order, sold all of the property at auction for cash, selling each of the parcels separately in the succession in which they were described in the order of sale. The first parcel sold brought more than sufficient to pay the estimated amount of debts and expenses. The appellant was the purchaser at the sale of the second parcel. The administrator reported the sales to the Court, and asked that each be confirmed. The Court expressly found upon the evidence adduced before it, that the sales were legally made and fairly conducted, and that due' proof was made to its satisfaction; that the price for each parcel was proportionate to its value, and that a sum exceeding the bids upon either parcel ten per cent., exclusive of the expenses of a new sale, could not be obtained. It then made an order confirming the sale of the first parcel, and refusing to confirm the sale of either of the others, upon the ground that the amount realized from the sale of the first being sufficient to pay the debts and expenses as estimated, the administrator should have sold no more than that parcel.

To this order the appellant excepted, and from it appeals.