Weldon v. Weldon
Supreme Court of Georgia
Equitable petition. Before Judge Thomas. Lowndes superior court. May 17, 1921. M. E. Weldon et al. brought an equitable petition against B. IT. Weldon and I. J. Weldon, for the recovery of a three-fourths interest, or such other interest as might appear, in the west half of lot of land 52 in the 12th district of Lowndes County; and for other relief.
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Equitable petition. Before Judge Thomas. Lowndes superior court. May 17, 1921. M. E. Weldon et al. brought an equitable petition against B. IT. Weldon and I. J. Weldon, for the recovery of a three-fourths interest, or such other interest as might appear, in the west half of lot of land 52 in the 12th district of Lowndes County; and for other relief. The petition alleged in substance the following: John Hodges, the grandfather of the plaintiffs, died in 1875, leaving what purported to be a will, which was improperly executed and which was never probated. After the death of John Hodges his son,…
1Opinion of the CourtHill, J.
(After stating the foregoing facts.)
1. In this State, on the death of one intestate, realty descends direcüy to the heirs at law of such intestate, subject to be administered by his legal representative, if there be one, for the payment of debts and for the purpose of distribution. Civil Code (1910), § 3657. Hnder the allegations of the petition, even if the land in controversy vested in the plaintiffs as heirs'at law of John-Hodges, their grandfather, the title became divested by the administrator’s sale; it not appearing from the petition that the sale was irregular for any reason, but on…
2Cases cited3 opinions
- Venable v. BurtonSupreme Court of Georgia · 1907
- Kelly v. HamiltonSupreme Court of Georgia · 1910
- Cook v. CookSupreme Court of Georgia · 1881
3Cited by2 opinions
- Stone v. EdwardsCourt of Appeals of Georgia · 1924
- Hodges v. HodgesSupreme Court of Georgia · 1965