147 P. 941 | Cal. | 1915
This is in form an appeal by one P.L. Wilson from an order denying his motion to set aside an order of sale in the estate of Anna E. McCarty, deceased. The only connection of appellant with said estate is that of purchaser of the real property thereof, sold and confirmed to him by the probate court under and by virtue of the order of sale and subsequent proceedings which he attacked in his motion. On February 8, 1913, the court made an order authorizing the executor of the estate to sell the real property, and on December 6, 1913, an order was made confirming the sale of certain of the lands of the estate to the appellant herein. On May 2, 1914, appellant served and filed notice of motion to vacate and set aside the order of February 8, 1913, and all subsequent proceedings pertaining to the sale of the property, on the ground that the court was without jurisdiction to make the order and to entertain the other proceedings involved. On May 9, 1914, the motion was denied after argument. It will thus be seen that no appeal from the order authorizing the sale of the property of the estate or from the order *709 confirming the sale is here involved, but that many months elapsed subsequent to such orders before appellant sought relief by his motion.
Respondent insists that the order attacked is not appealable. If any authority for such an appeal exists, it must be found in subdivision 3 of section 963 of the Code of Civil Procedure.(Estate of Calahan,
In Estate of Smith,
In Estate of Martin,
But appellant cites with apparent confidence the recent case ofEstate of West,
It follows that the order must be and it is hereby affirmed.
Henshaw, J., and Lorigan, J., concurred.
Hearing in Bank denied.