Mattox v. Eberhart
Supreme Court of Georgia
Ejectment. Tried before ■ Judge Andrews. Oglethorpe ' Superior Court. October Term, 1868. This was ejectment by John Eberhart, administrator, cum testamento annexo, of Nathan Mattox, against William F. Mattox.
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Ejectment. Tried before ■ Judge Andrews. Oglethorpe ' Superior Court. October Term, 1868. This was ejectment by John Eberhart, administrator, cum testamento annexo, of Nathan Mattox, against William F. Mattox. The plaintiff read in evidence the will of Nathan Mattox, dated 29th of January, 1857, showed that the testator died in 1862, showed title to the premises in testator at his death, and that defendant was in possession of them when this action was brought, proved the value of the rent, and closed. The will contained nothing pertinent to this matter,, except its fourth item, which was as…
1Opinion of the CourtBrown, C. J.
Under the law of this State, as it existed prior to the adoption of the Code, au executor had the right to sell the property of the testator at private sale, when the will authorized a sale, without prescribing how it should be made. And in such case, if the sale was fairly and honestly made, the title passed to the purchaser. 1 Ga. Rep., 324.
Section 2526 of the Revised Code changes this rule. Under this section the executor can not sell at private sale, unless the will authorizes a sale in that manner. If the will directs a sale without specifying in what manner it shall be conducted, the…
2Cases cited1 opinion
- Wright v. ZeiglerSupreme Court of Georgia · 1846
3Cited by4 opinions
- Chattanooga Iron & Coal Corp. v. ShawSupreme Court of Georgia · 1924
- Anderson v. HollandSupreme Court of Georgia · 1889
- Turner v. BairdSupreme Court of Georgia · 1924
- Bonner v. BellSupreme Court of Georgia · 1949