of payments thereafter to become due on such contract, with such sureties as the county judge may approve.36

Sec. 252. The purchaser's bond and its condition.

The bond must be conditioned that the purchaser will make all payments for such land that become due after the date of the sale, and will fully indemnify the executor or administrator, and the persons so entitled, against all demands, costs, charges and expenses by reason of any covenant or agreement contained in such contract.37

Sec. 253. The confirmation of such sale.

Upon the confirmation of the sale, the executor or administrator, must execute to the purchaser an assignment of the contract, which vests in the purchaser, his heirs and assigns, all the right, title, and interest of the estate, or of the persons entitled to the interest of the decedent, in the lands sold at the time of the sale, and the purchaser has the same rights and remedies against the vendor of such lands as the decedent would have had if he were living.38

Sec. 254. Real estate may be sold by an executor or administrator subject to mortgage or other lien.

When any sale is made by an executor, or administrator, pursuant to the provisions of this article, of lands subject to mortgage or other lien, which is a valid claim against the estate of the decedent, and has been presented and allowed, the purchase money must be applied, after paying necessary expenses of the sale, first, to the payment and satisfaction of the mortgage or lien, and the residue, if any, in due course of administration. The application of the purchase money to the satisfaction of the mortgage or lien, must be

36 Snyder, 5,336; Wilson, 1,680; Dakota Code, 5,849 (1887).

37 Snyder, 5,337; Wilson, 1,681; Dakota Code, 5,850 (1887).

38 Snyder, 5,338; Wilson, 1,682; Dakota Code, 5,851 (1987).

made without delay; and the land is subject to such mortgage or lien until the purchase money has been actually so applied. No claim against any estate which has been presented and allowed is affected by the statute of limitations, pending the proceedings for the settlement of the estate. The purchase money, or so much thereof as may be sufficient to pay such mortgage or lien, with interest and any lawful costs and charges thereon, must be paid into the county court to be received by the judge thereof, whereupon the mortgage or lien upon the land must cease, and the purchase money must be paid over by the judge without delay, in payment of the expenses of the sale and in satisfaction of the debt, to secure which the mortgage or other lien was taken, and the surplus, if any, at once returned to the executor or administrator, unless, for good cause shown, after notice to the executor or administrator, the judge otherwise directs.39

Sec. 255. The mortgagee may be a purchaser.

At any sale under order of the county court, of lands upon which there is a mortgage or lien, the holder thereof may become the purchaser, and his receipt for the amount due him from the proceeds of the sale is a payment pro tanto; if the amount for which he purchased the property is insufficient to defray the expenses and discharge his mortgage or lien, he must pay to the judge an amount sufficient to pay such expenses.40

Sec. 256. Neglect or misconduct on the part of executor or administrator may cause liability on his bond.

If there is any neglect or misconduct in the proceedings of the executor, or administrator, in relation to any sale by which any person interested in the estate suffers damage,

39 Snyder, 5,339; Wilson, 1,683; Dakota Code, 5,852 (1887); California, 1,569, similar.

40 Snyder, 5,340; Wilson, 1,684; Dakota Code, 5,853 (1887); Cali. fornia, 1,570, similar.

the party aggrieved may recover the same in an action upon the bond of the executor or administrator, or otherwise.*1

Sec. 257. Fraudulent sale by administrator or executorLiability in double the value of the property.

Any executor, or administrator, who fraudulently sells any real estate of a decedent, contrary to or otherwise than under the provisions of this chapter, is liable in double the value of the land sold, as liquidated damages, to be recovered in an action by the person having an estate of inheritance therein.42

Sec. 258. The limitation as to the action to recover land sold by an executor or administrator.

No action for the recovery of any estate sold by an executor or administrator under the provisions of this article, may be maintained by any heir, or other person claiming under a decedent, unless it be commenced within three years. next after the sale. An action to set aside a sale may be instituted and maintained at any time within three years from the discovery of the fraud, or other grounds, upon which the action is based.43

Sec. 259. Limitation not applicable to minors, when.

The preceding section shall not apply to minors or others under any legal disability, to sue at the time when the right of action first accrues; but all such persons may commence an action at any time within three years after the removal of the disability."

41 Snyder, 5,341; Wilson, 1,685; Dakota Code, 5,854 (1887); California, 1,571, identical.

42 Snyder, 5,342; Wilson, 1,686; Dakota Code, 5,855 (1887).

43 Snyder, 5,343; Wilson, 1,687; Dakota Code, 5,856 (1887); California, 1,573, similar.

44 Snyder, 5,344; Wilson, 1,688; Dakota Code, 5,857 (1887).

Sec. 260. The sale by an executor or administrator must be returned at the next term of the county court

The return of sale to be verified.

When a sale has been made by an executor or administrator, of any property of the estate, real or personal, he must return to the county court, at its next term thereafter, an account of sales, verified by his affidavit. If he neglect to make such return, he may be punished by attachment, or his letters may be revoked, one day's notice having been first given him to appear and show cause why such attachment should not issue or such revocation should not be made.45

Sec. 261. An executor or administrator may not purchase at his sale.

No executor or administrator, must, directly or indirectly, purchase any property of the estate he represents, nor must he be interested in any sale.46

Sec. 262. Property fraudulently conveyed by a decedent may be recovered and sold by the executor or administrator, when.

When there is a deficiency of assets in the hands of an executor or administrator, and when the decedent in his lifetime, has conveyed any real estate, or any rights or interests therein, with intent to defraud his creditors, or to avoid any right, debt or duty of any person, or has so conveyed such estate that by law the deeds or conveyances are void as against creditors, the executor or administrator must commence and prosecute to final judgment, any proper action. for the recovery of the same; and may recover for the benefit of the creditors all of such real estate so fraudulently conveyed; and may also for the benefit of the creditors, sue and recover all goods, chattels, rights or credits which have

45 Snyder, 5,345; Wilson, 1,689; Dakota Code, 5,858 (1887).

46 Snyder, 5,346; Wilson, 1,690; Dakota Code, 5,859 (1887); California, 1,576, identical.

been so conveyed by the decedent in his lifetime, whatever may have been the manner of such fraudulent conveyances.

47

Sec. 263. Executor or administrator not required to sue unless upon application of creditors.

No executor or administrator is bound to sue for such estate as mentioned in the preceding section, for the benefit of the creditors, unless upon application of the creditors, who must pay such part of the costs and expenses of the suit, or give such security therefor, to the executor or administrator, as the judge shall direct.48

Sec. 264. Real estate so recovered may be sold, how.

All real estate so recovered must be sold for the payment of debts in the same manner as if the decedent had died seized thereof, upon obtaining an order therefor from the county court. And the proceeds of all goods, chattels, rights and credits so recovered must be appropriated in the payment of the debts of the decedent in the same manner as other property in the hands of the executor or administrator.1o

Sec. 265. Land sold by executor, administrator, guardian, sheriff or commissioner of court and afterward

recovered, possession not given until purchaser has been refunded purchase money with interest. Whenever any lands sold by an executor, administrator, guardian, sheriff, or commissioner of court, is afterward recovered in the proper action by any person originally liable or in whose hands the land would be liable to pay the demand or judgment for which, or for whose benefit the land was sold, or anyone claiming under such person, the

Snyder, 5,356; Wilson, 1,699; Dakota Code, 5,868 (1887); California, 1,589, identical.

48 Snyder, 5,357; Wilson, 1,700; Dakota Code, 5,969 (1887); California, 1,590, identical.

49 Snyder, 5,370; Wilson, 1,701; Dakota Code, 5,870 (1887).