Doe ex dem. Thompson v. Roe
Supreme Court of Georgia
Ejectment, in Walker Superior Court. Tried before Judge Brown, at November Term, 1857. This was an action of ejectment brought by John Doe, ex clem, of John H. Thompson, and James Mann, and James T. Rape, administrators of James Mann, deceased, against Richard Roe, casual ejector, and John Knight, Joseph Carlock and Matthew Haney, tenants in possession, for the recovery of lot of land, No. 16, in the 11th district, and 4th section of originally Cherokee, now Walker county.
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Ejectment, in Walker Superior Court. Tried before Judge Brown, at November Term, 1857. This was an action of ejectment brought by John Doe, ex clem, of John H. Thompson, and James Mann, and James T. Rape, administrators of James Mann, deceased, against Richard Roe, casual ejector, and John Knight, Joseph Carlock and Matthew Haney, tenants in possession, for the recovery of lot of land, No. 16, in the 11th district, and 4th section of originally Cherokee, now Walker county. This case was heard upon the following agreed statement of facts, to-wit: James Mann was the owner of the lot of land in…
1Opinion of the Court
By the Court. —
Lumpkin, J.
delivering the opinion.
When the letters testamentary issued to Lewis Mann upon the estate of his deceased brother, James Mann, were revoked by the judgment of the Ordinary, his authority was suspended at least, until the trial of the appeal. And his appeal having been dismissed, the first judgment took full force and effect; and the intermediate acts done by the executor, especially in suffering a judgment against him and the sale of the real estate of his testator, ivere void. And the purchaser under the sale, took no title. If ever there was a case where the…
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