Doe ex dem. Newton v. Roe & Beckom
Supreme Court of Georgia
Ejectment, in Calhoun Superior Court. Tried before Judge Allen, at March Term, 1861. This was an action of ejectment brought in the name of John Doe, ex dem. George Irving, Elizabeth Oneal and Elizur L. Newton, against Richard Roe, casual ejector, and Solomon G. Beckom, tenant in possession, for the recovery of lot of land No. 279, in the fourth district of Early county, after-wards Calhoun county.
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Ejectment, in Calhoun Superior Court. Tried before Judge Allen, at March Term, 1861. This was an action of ejectment brought in the name of John Doe, ex dem. George Irving, Elizabeth Oneal and Elizur L. Newton, against Richard Roe, casual ejector, and Solomon G. Beckom, tenant in possession, for the recovery of lot of land No. 279, in the fourth district of Early county, after-wards Calhoun county. The action was commenced on the 17th August, 1853. On the trial of the case in the Court below, the evidence developed the following state of facts, to-wit: The land in dispute was granted to…
1Opinion of the Court
By the Court —
Lumpkin, J., delivering the opinion.
Was the deed from Levin Irving to Burwell Bussell absolutely void ? We have repeatedly held, and it is the settled law of this Court, that an administrator may purchase at his own sale, and that his title was not void but voidable. The heirs might disaffirm it in a reasonable time. Is this case different from that ? In fact is it not, if anything, stronger? A sale by an administrator to himself may lead to more mischief than a sale to a co-administrator. But in either case, the heirs having the right to repudiate; if they fail to do so in a…
2Cited by6 opinions
- Flanagan v. PearsonTexas Supreme Court · 1884
- Darnell v. TateSupreme Court of Georgia · 1950
- Bertram v. CookMichigan Supreme Court · 1880
- Barnett v. LewisSupreme Court of Georgia · 1942
- Dasher v. EllisSupreme Court of Georgia · 1898
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