Musser

Complaint by plaintiff, claiming to be the owner, to recover possession of certain real estate held adversely by defendants. Answer, general denial; that the action is barred by the provisions of certain sections of the Code of Civil Procedure; and by some of defendants, an admission that they are severally in possession of designated portions of the demanded premises, and a disclaimer as to the rest.

1st. The petition of the administrator of the estate of Ann Dubois, deceased, of the 21st of November, 1859, was sufficient to give the Probate Court jurisdiction to make the order of sale of the real estate. The petition contains every averment made necessary by the statute then in force. (§ 155, Probate Act of 1851, Statutes 1851, p. 448.)

2nd. Nor, as the law then stood, was it requisite that the attorney appointed to represent the minor heirs should have ten days’ notice of the hearing of the petition. (See Probate Act of 1851, § 159, as the same read prior to the Amendment of 1861.)

3rd. The District Court committed no error in relieving defendants of the stipulation which had been entered into by counsel. It clearly appeared that it was signed inadvertently and under a…