American Surety Co. of N. Y. v. Pettie

I. Where an administrator sells real estate under a valid order from the court of ordinary, the fact that he-procures another to buy the property for himself as an individual does not render the sale absolutely *27void, but the sale is merely voidable at the election of those interested in the estate as heirs or creditors; and in a suit upon the administrator’s bond, for a failure to account for the proceeds, the surety can not defend upon the alleged ground that the sale was ineffectual to pass title, and for that reason did not constitute a breach of the bond. Lowery v. Idleson, 117 Ga. 778…