Gardner's Admr. v. Roberts

Opinion by

Judge Hargis :

This is the second appeal in this case. On a former appeal this case was reversed because the commissioner’s report of sale had been confirmed after the death of the alleged purchaser and without any revivor of either the original or cross-action against his real representatives. On the return of the cause it appears that Gardner’s heirs declined to revive the original 'action in their names, and his administrator resisted the efforts of Hoffman, the bank, and Roberts to do so. It seems that the heirs and administrator together not only blocked all efforts at revivor…