Joseph McKenna

“ When a probate court with jurisdiction over property for purposes of administration, and for purposes of sale in certain cases, orders and confirms a sale of the same, it is the right and duty of an heir to litigate the propriety of such orders in that proceeding. The heir cannot sit by, permit the sale to be made, and then bring another and a collateral action in another court to litigate again the propriety of the sale, and to procure a decree declaring it to be void. ”

“ But it is contended that even if he became such owner, the land was not subject to sale for the satisfaction of debts contracted before the patent was issued. The debt for which it was sold was so contracted. ”

“ It rejected all of the contentions of plaintiff against the jurisdiction of the court, based on the laws of the state, and so far its decision is binding here. It said that there was no pretense at either pleading or proof that Norton left no other property, or that such was the fact. It decided that the probate court had jurisdiction over Norton's estate. 'That court,' it was said, 'had the unquestioned power to authorize a sale of it to pay certain classes of obligations. It might be sold to pay liabilities arising out of torts of deceased. ”