Bowman v. Bowman

Heap, Justice.

If there is a legal representative of an estate, the right to recover realty is in such legal representative; and if there is none, the heirs may sue in their own name. Code, § 113-901. Upon the appointment of an administrator, the right to recover possession of the estate from third persons is solely in him; but if there is no administrator, or if the administrator consents, the heirs may recover realty fir their own name. § 113-907. It is the general rule in Georgia that, before heirs at law of an intestate can recover land, they must allege and prove that there is no…