103 Ind. 159 | Ind. | 1885
This was a proceeding commenced in the Dearborn Circuit Court by the petition of Benjamin F. Yail, administrator, for the sale of the real estate of Sarah A. Yail, deceased, to pay the debts of the decedent.
The lands for the sale of which the administrator petitioned were situate in Pulaski county, Indiana. The heirs at law and others, including the appellants, were made defendants. The petition was heard and determined in the Dear-born Circuit Court, that being the court having the administration of the estate in charge.
The appellants demurred to the petition, and after the de
That the decision from which the appeal was taken in this case was made in a proceeding growing out of a matter connected with a decedent’s estate, and that appeals in all such cases must be taken in conformity with the foregoing stat
The sale of real estate by an administrator is provided for and regulated exclusively by the act for the settlement of decedents’ estates. The civil code makes no provision for such proceedings, and they are not within the. ordinary common law jurisdiction of the circuit court. The proceeding must, therefore, be had, and the appeal taken, under the provisions of the statute for the settlement of decedents’ estates. Under the sections above quoted and the amendment contained in the acts of 1885 (Acts 1885, p. 194), an appeal bond must be filed—unless the appeal is taken by the administrator, when no bond is required—within ten days from the date of the decision, and the transcript must be filed within thirty days from the date of the filing of the bond, unless for good cause shown this court shall direct such appeal to be granted, on the filing of a bond, within one year.
No bond having been filed either within the time prescribed or since, and no application having been made to this court to be permitted to file a bond, and perfect the appeal within a year, the sustaining of the motion to dismiss seems to follow inevitably.
Motion sustained and appeal dismissed with costs.