Patterson v. Lemon
Supreme Court of Georgia
Administrators. Sale. Purchaser. Before Judge Hopkins. Fulton Superior Court. October Term, 1872. Sarah A. Lemon and Caroline D. Oglesby brought ejectment, with a count for mesne profits, against Charles Patterson for a lot of land in the city of Atlanta.
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Administrators. Sale. Purchaser. Before Judge Hopkins. Fulton Superior Court. October Term, 1872. Sarah A. Lemon and Caroline D. Oglesby brought ejectment, with a count for mesne profits, against Charles Patterson for a lot of land in the city of Atlanta. The defendant pleaded the general issue, and further that the plaintiffs cannot, in equity and good conscience, have and maintain this action, because of the following facts: The land in controversy was the property of William Lemon, deceased, who disposed of it by will, dated November 1st, 1863. This will was admitted to probate before the…
1Opinion of the Court
McCay, Judge.
1. We recognize the well settled rule, that in order to divest the heirs-at-law of their title by an administrator’s sale, the administrator must have authority to sell. This is a sine qua non. Without it the sale is void: 4 Wheaton’s Reports, 77 ; Clements vs. Henderson, 4 Georgia, 148. Under our law, this authority is the judgment and order of the Ordinary having jurisdiction of the administration, duly had and rendered : McDade vs. Burch, 7 Georgia, 559. It is also true, that to made a perfect sale to divest the title regularly, the administrator must comply in full with the…
2Cases cited1 opinion
- Perkins v. FairfieldMassachusetts Supreme Judicial Court · 1814
3Cited by11 opinions
- Harris v. McDonaldSupreme Court of Georgia · 1921
- Horne v. RodgersSupreme Court of Georgia · 1901
- Isom v. NuttingSupreme Court of Georgia · 1922
- Powell v. HarrisonSupreme Court of Georgia · 1935
- King v. CabanissSupreme Court of Georgia · 1888
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