Scales v. Chambers
Supreme Court of Georgia
Equitable petition. Before Judge Russell. Banks superior court. January 8, 1901. Under an order of tbe court of ordinary, Scales, administrator of tbe estate of Crow, advertised for sale at public outcry certain tracts of land belonging to tbe estate, and at tbe sale the auctioneer, Owen, knocked down to Chambers a tract of about 108 acres for $565, tbe amount of bis bid; but tbe administrator refused to consummate the sale, and later on the samé day caused the lot to be…
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Equitable petition. Before Judge Russell. Banks superior court. January 8, 1901. Under an order of tbe court of ordinary, Scales, administrator of tbe estate of Crow, advertised for sale at public outcry certain tracts of land belonging to tbe estate, and at tbe sale the auctioneer, Owen, knocked down to Chambers a tract of about 108 acres for $565, tbe amount of bis bid; but tbe administrator refused to consummate the sale, and later on the samé day caused the lot to be again offered for sale, and it was then knocked down to one Farr for $1,000. The second sale was made over the protest of…
1Opinion of the CourtCobb, J.
Land belonging to the estate of a decedent can be sold in this State only in the manner prescribed by law. If the decedent dies intestate, the land must be sold by the administrator. If the decedent dies testate, the land must be sold by the executor or •administrator with the will annexed in the manner provided in the *922will. In the absence of provisions in the will on the subject, the land must be sold in the manner prescribed by law for sales by administrators. Prior to the adoption of the code it seems that it was absolutely essential to the validity of a sale of land belonging to the…
2Cases cited2 opinions
- Doe ex dem. Cheever v. RoeSupreme Court of Georgia · 1857
- Atkinson v. Central Georgia Agricultural & Manufacturing Co.Supreme Court of Georgia · 1877
3Cited by3 opinions
- Smith v. TippinsSupreme Court of Georgia · 1950
- Tillman v. DunmanSupreme Court of Georgia · 1901
- Webster v. BlackSupreme Court of Georgia · 1914