Keegan

Keegan v. Craig

Good Law
192 Cal. 494
Supreme Court of CaliforniaDecember 5, 1923L. A. No. 7861California1,069 words

Opinion

Lead Opinion

Wilbur, J.

This is an appeal from an order confirming the sale of the real estate of the decedent to Martin C. Neuner, purchaser. The purchaser moves for an affirmance of the order confirming the sale upon the ground that appellant’s proposed bill of exceptions was not served upon him as requiréd by the provisions of section 650 of the Code of Civil Procedure and therefore claims that there is no record upon which the appellant can present his appeal and consequently that the order must be affirmed. The purchaser’s contention is based upon the proposition that the purchaser of the real estate to whom the sale is confirmed by the order appealed from is an adverse party to the appellant. It was held by this court in Estate of Bell, 125 Cal. 539 [ 58 Pac. 153 ], that the purchaser to whom a sale of real estate was confirmed by the order appealed from was an adverse party required to be served with a notice of appeal. In the Estate of Young, 149 Cal. 173 [ 85 Pac. 145 ], it was *496 held that where the bill of exceptions proposed by an appellant was not served upon an adverse party, and where the points relied upon for reversal were shown only by such bill of exceptions that the judgment should…

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