Winterburn

The plaintiffs seek, in this action, partition of a tract of land which belonged to their mother, of which they allege that the defendants are tenants in common with them by reason of conveyances from other heirs of their mother. The land in controversy belonged to Josefa Soto de Stokes, who died intestate September 18, 1855, leaving a husband, James Stokes, and fourteen children surviving her. An act of the legislature was passed March 25, 1857, authorizing her administrator to sell her real estate subject to the approval of the probate court of Monterey County, in which the administration of her estate was pending, and upon such approval to convey the same to the purchaser. March 16, 1858, “ said James Stokes, professing to act under the authority of the said act, and as the administrator of said Josefa, made and entered into a contract with one R. J. Walsh, by the terms whereof he, as administrator of the estate of said Josefa Soto de Stokes, contracted to sell to said Walsh, and said Walsh contracted to buy,” the tract of land described in the complaint, subject to the approval of said probate court. Upon receiving the report of said sale said probate court approved the same,…