Estate of Boland

This is an appeal from an order of the Probate Court of Sierra County, authorizing the administratrix of the estate of D. Boland, deceased, to resell certain real property of the estate, which had been formerly sold by the administratrix, and confirmed to the appellant as purchaser.

It is objected that the appellant was in no way a party to the order directing a resale,- and cannot, therefore, appeal. An appeal may be taken by any party aggrieved, from an order of the Probate Court against or in favor of directing the partition, sale, or conveyance of real property. (§§ 969, 938, Code Civ. Proc.)

The appellant describes himself in his notice of appeal as “a purchaser who purchased and paid for the real estate of deceased, described in and confirmed to him by an order of the Probate Court, made and entered December 9th, 1878.” As *312 suming that he is a party aggrieved by the order from which he appeals, (Adams v. Wood, 8 Cal. 306 ; Dennis v. T M. W. Co. 10 id. 369 ) and that the order itself is appealable, we find nothing in the transcript to indicate upon what the order was made, except it be the petition upon which the Court had acted in making the original order of sale. But…