In re Pearson

This is an appeal of E. J. Moore, executor of the will of Hiram A. Pearsons, deceased, from an order of the court below requiring him to complete the sales of several pieces of real property made by him to John F. English and others, respondents herein, and confirmed by the court March 18,1892, and to execute to them deeds of conveyance of said property upon their payment of the balance of the purchase money.

On January 28, 1892, the appellant, as executor, sold the said property at auction to the respondents, under a power of sale contained in the will of said Pearsons, deceased. The terms of the sale were cash in gold coin, ten per cent to the auctioneer at the time of sale, and balance on confirmation of sale by the superior court. When the matter of confirming the sale came up before the court on March 18, 1892, the respondents herein objected to the confirmation on the ground that under the will the executor had no power to sell the property without a previous order of the court; but the court made an order confirming the sale. Thereafter, on April 18, 1892, appellant tendered to each of the respondents a deed of the property sold to him, and demanded payment of the balance…