Tracy

This is an action to have the sale of a portion of the estate of Thomas Baker, deceased, set aside upon the same grounds as were alleged in Tracy v. Colby, 55 Cal. 67 , for setting aside the sale of - another portion of that estate. The plaintiffs in both cases are the same, and Colby, the County Judge and ex-ojficio Probate Judge of Kern County, is a defendant in each case. In this case it is alleged in the complaint, that defendants Craig and Jewett bid off the premises at the administratrix’s sale, (which the plaintiffs seek to avoid) for themselves, Colby and Sin daily jointly. After the sale, confirmation, and conveyance to defendants Craig and Jewett, they conveyed to each of the other defendants an interest in the land so purchased at said sale. Whether or not, as between defendant Colby and the other defendants, or any of them, there was any agreement or understanding, prior to the confirmation of the sale to Craig and Jewett, that Colby should have an interest in the land so purchased at the administratrix’s sale, is the real point in controversy. The plaintiffs allege, in substance, that at some time before the administratrix’s sale took place, the defendants had…