Fowler

The respondent, Mary F. Fowler, in May, 1896, filed a petition in said estate, the material averments of which were in substance that said decedent died in the state of Washington in 1890, intestate, without any debts, and leaving no estate except a certain described piece of real estate in the county of Sacramento, in this state; that he left as heirs four adult children, all of lawful age, of whom petitioner was one; that by mutual consent of said heirs no administration was taken out upon said estate, but that after the death of said intestate, and before the grant of letters hereinafter mentioned, the others of said heirs conveyed all their right, title, and interest in said property to the petitioner, who took possession and control thereof, and has since occupied the same.

That in March, 1896, W. B. Miller, the appellant, as public-administrator of said county of Sacramento, regularly applied for and was granted letters of administration upon the estate of *665 said deceased, and has since heen proceeding to administer upon said estate; that an inventory and appraisement was filed by said administrator, and thereafter an application was made for an order to sell the said…