Pryor

The act of April 2, 1866, reads as follows: “In all cases where real estate has been sold in this State, under the order of the probate courts of the several counties, to purchasers in good faith, and for a valuable consideration, and defects of form, or omissions, or errors exist in any of the proceedings, such sales are hereby ratified, confirmed and made valid, and sufficient in laiu to transfer the title of the property sold; provided, however, that this act shall not affect, in any manner, rights acquired prior to its passage *398 by vendees, grantees or mortgagees, who claim interests in or Hens upon such property under heirs or devisees adversely to such probate sales, nor to sanction in any manner cases of actual fraud.” (Statutes of 1865-6, p. 824.)

At the former hearing, this Court expressed the opinion that the words “defects of form,' omissions or -errors,” did not embrace a want of power in the person assuming to act as administrator, or the absence of jurisdiction in the court which ordered the sale.

Inasmuch, however, as the members of the court were not unanimous in the construction then given, and in deference to the urgent appeal of counsel, we have given to…