Danielly v. Lowe

1. “A prescription does not run against an unrepresented estate until representation, provided the lapse does not exceed five years.” Civil Code (1910), § 4175. “If the estate remains unrepresented for more than five years, no deduction at all from the adverse possessor’s term will be allowed in favor of the personal representative.” Powell’s Actions for Land, 448; Brown v. Caraker, 147 Ga. 498 (4) (94 S. E. 759). In this case there was no representation on the estate for more than twenty-six years.

2. Under the undisputed facts, the defendant and his predecessor in possession of the land sued…