dixxenting. The order of sale in this partition suit, fixing the terms at part cash and the balance on one and two years, was rendered on the agreement of the parties; it was in effect a consent judgment. The curator ad hoc, representing the absentee, Thos. 0. McCall, *716had no authority to give consent or make any agreement in the premises.
In my opinion the sale was merely a consent sale, and the purchaser acquired no valid title.
I therefore dissent.
Justice Morgan concurs in this dissenting opinion.