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Perkins v. Fairfield
11 Mass. 227
Mass.
1814
Check Treatment
Per Curiam.

The order of the Court of Common Pleas, under which the administrators made the sale in this case, was a license to them to make sale of all the real estate of their intestate. That court had jurisdiction of the subject matter. If that jurisdiction was improvidently exercised, or in a manner not warranted by the evidence from the Probate Court, yet it is not to be corrected at the expense of the purchaser, who had a right to rely upon the order of the court, as an authority emanating from a competent jurisdiction. It is too late to say that the neglect of requiring a bond from the administrators, to account for the proceeds of the sale, is fatal to a title derived from their authority, (a)

Tenant defaulted.

Leverett vs. Harris, 7 Mass. Rep. 292. — Sed vide Thomson vs. Brown & Al. 16 Mass. Rep. 172.—Heath vs. Wells, 5 Pick. 140.

Case Details

Case Name: Perkins v. Fairfield
Court Name: Massachusetts Supreme Judicial Court
Date Published: May 15, 1814
Citation: 11 Mass. 227
Court Abbreviation: Mass.
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