Hines, J.
Plaintiffs by their next friends seek in their petition to set aside a certain sale made by R. C. Collins, as the administrator of D. M. Collins, of a certain tract of land in Toombs County, to one of the defendants, and to cancel the deed to the latter, and to cancel certain deeds made under which the administrator claims title to another tract of land of his intestate in Tattnall County, on the ground that said first sale was made under a void order of sale, and on the ground that the administrator bought indirectly at his own sale the tract to which he claims title, and to recover these lands, the subject-matters of said, sales, and embraced in said deeds, with mesne profits. Plaintiffs do not allege that they are heirs at law or creditors of the intestate, nor do they otherwise allege facts showing that they are such heirs or creditors, or that they have any title or interest in said land. Held:
1. That the trial judge properly sustained general demurrers to said petition, setting up that it failed to set out any cause of action.
2. The above ruling renders it unnecessary to consider other assignments of error of which the plaintiffs complain.
Judgment affirmed.
All the Justices concur, except Russell, O. J:, dissenting.
The administrator advertised and sold said tract of land in Toombs County on the first Tuesday in August, 1922, to E. L. McDilda for the sum of $1,300, and he conveyed said tract to him on August 1, 1922, by deed recorded the next day. Petitioners believe and allege that said sale was collusively made by and between said administrator and said purchaser far below its market value, to their injury and damage. The administrator failed and refused to give to petitioners any notice of any character that he was going to apply for an order to sell the said lands in Toombs County, and the records of the court of ordinary of Tattnall County fail to show any notice whatever to petitioners that an order would be applied for to sell said lands. Petitioners were all minors, and were in possession of said real estate in their own right and as tenants in common at the time the same was sold and since the death of D. M. Collins. Without notice to them as required by law, the court of ordinary had no authority or jurisdiction to grant an order to the administrator to sell said land, and the order is a nullity. Said real estate illegally and unlawfully brought about $1,300, when it was worth $3,100 at’its fair market value. It is now worth $3,500. McDilda and R. C. Collins are jointly and severally due petitioners one half of the rents and profits of said lands in Toombs County, of the annual value of $150, and one half .of the turpentine privileges on said land, used by McDilda, of the annual rental value of $150, from the date of sale, with interest thereon at seven per cent, per annum. Petitioners refused to ratify any sale made by said administrator of any real estate. By reason of the poor management, illegal orders, and illegally advertised sales, prospective bidders were necessarily deterred from attending the sale and bidding on said property; and unless petitioners recover the said property and the court cancels the illegal deeds that have been made, petitioners will suffer irreparable damage in the sum of $1,800 in the sale of the lands in Toombs County.
By reason of the facts hereinbefore stated, bidders were necessarily deterred from bidding on the tract of 63-3/4 acres, so knocked off to D. E. Flanders. Petitioners attach to their petition a copy of the deed from R. C. Collins, administrator, to E. L. McDilda, a copy of the deed from R. C. Collins to D. E. Flanders, and a copy of the deed from D. E. Flanders to R. C. Collins. The administrator has not made any return to the court of ordinary of the bid Jeff Lynn made on the 63-3/4 acres of land, on October 3, 1922, of $1,700, although he used the deed to secure debt made to him for the purpose of selling said tract of land, and although he has had said deed marked cancelled of record.
Petitioners prayed (a) for a complete accounting by the administrator of the assets collected and paid out by him; (b) that he produce before the court all deeds, notes, mortgages, and other evidence of title to all of the said real estate; (c) that the deed from D. M. Collins to Ida M. Collins, with the transfers thereon, be cancelled; (d) that the deed by Ida M. Collins to Jeff Lynn be cancelled; (e) that the deed by Jeff Lynn to R. C. Collins, administrator, be cancelled; (f) that the deed from R. C. Collins, administrator, to D. E. Flanders be cancelled; (g) that the deed from D. E. Flanders to R. C. Collins be cancelled; (h) that the order of the court of ordinary of Tattnall County, authorizing the administrator to sell the said lands in Toombs County, be can-celled; (i) that the deed from the administrator to E. L. Mc-Dilda be cancelled; and (j) that possession of said lands, with the rents and profits thereof, be awarded petitioners.
By an amendment petitioners alleged that the several defendants had entered into a conspiracy to prevent said real estate from selling at its highest market value, their common object being to deter prospective bidders from bidding thereon. This object was largely accomplished by failing to comply with the law in selling said lands, and by failing to recover possession of the property from the heirs at law before said sale. Each of said defendants has a right in common with each other defendant in maintaining the validity of said sales. Each of petitioners has a common right against all of said defendants to set aside said sales, as they own said property in common. This amendment was allowed October 19, 1925.
McDilda demurred to said petition, on the ground, (1) that it sets forth no cause of action, either legal or equitable, against him; (2) that under the allegations in the petition the plaintiffs are not entitled to any relief, either legal or equitable, against him; and (3) that the allegations of the petition do not make such a case as entitles the plaintiffs to any discovery or relief as prayed. He demurred specially to the petition, on the ground that there was a misjoinder of causes of action and of parties defendant. There were other grounds of special demurrer, which need not be set out. The defendants jointly demurred to said petition on the grounds, (1) that it sets forth no cause of action, either legal or equitable; (2) that the allegations of the petition are too vague and indefinite to be the basis of a recovery; (3) that the allegations show that the sales of the lands theiein described were at public outcry, before the court-house door, to the highest bidder for cash, and that there was no fraud or collusion between the administrator and the purchaser; (4) that the land in Tattnall County was sold as the property of Jeff Lynn, and the deed was given by Jeff Lynn as part of the purchase-money of said land at a judicial sale under the security deed from D. M. Collins to Ida M. Collins; and (5) that there is no equity in the bill.
The court sustained the general grounds of demurrer and dismissed the petition. To this judgment the plaintiffs excepted.
W. T. Burlchalter, for plaintiffs.
Kirkland & Kirkland, H. H. Elders, and Enoch J. Giles, for defendants.