The plaintiff further insists that even in cases where the order of sale is issued within six months from the date of the decree, where appraisement is waived, if sale is made and confirmed within six months without any objections front the parties affected, the illegality is waived and the is valid. On this point plaintiff cites the cases of Oklahoma City Packing Provision Company et al. v. Pearson, 94 Okla. 124, 220 P. 932: and Cudjo et al. v. Harris, 119 Okla. 69, 248 P. 343. It is true that the defendants did not file any objections to the confirmation of sale.
The case of Cudjo v. Harris, 119 Okla. 69, 248 P. 343, is based upon facts where appraisement is waived and the sale was made before six months and is not an authority in support of the contention here even if the decision that the sale there considered was voidable be considered a correct conclusion. Likewise Oklahoma City Packing Co. v. Pearson, 94 Okla. 124, 220 P. 932. Under section 810, C. O. S. 1921, it is provided that the court shall have power to vacate its own judgment at or after the term at which such judgment was made:
"It is not a valid objection to the confirmation of the return of sale made by the receiver that a part of the property sold was real estate, and therefore the order of sale should have been directed to the sheriff and not to the receiver." The above cases follow the early case of Threadgill v. Colcord, 16 Okla. 447, 85 P. 703. All of the above cases are cited and approved by this court in Oklahoma City Packing Provision Co. v. Pearson, 94 Okla. 124, 220 P. 932. We conclude that the proceedings of the district court in the receivership and sale of the properties was regular, and that the motion of the Ryan Cotton Oil Mill Company to quash the execution levied on its property was properly sustained, and that the judgment of the trial court should be affirmed.