Lovett v. Parker
Supreme Court of Georgia
Equitable petition. Before Judge Lovett. Jenkins superior court. December 30, 1920. The substance of the petition in this case is as follows: Bow-land Lovett, petitioner, was in the possession, under a bond for title with part of the purchase-money paid, of two described parcels of land, one containing 47-acres and the other 19 acres.
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Equitable petition. Before Judge Lovett. Jenkins superior court. December 30, 1920. The substance of the petition in this case is as follows: Bow-land Lovett, petitioner, was in the possession, under a bond for title with part of the purchase-money paid, of two described parcels of land, one containing 47-acres and the other 19 acres. John E. Parker paid for petitioner to the seller of the land to him the balance of the purchase-price, taking to himself a conveyance of the land, and giving to petitioner his bond for title upon the repajunent by him of the money advanced for him by Parker, and…
1Opinion of the CourtEisn, C. J.
Under tlie allegations of the petition tlie action could not be maintained without an administrator of the estate involved being made a party defendant. See McNair v. Brown, 139 Ga. 71 (76 S. E. 575). .Judgment affirmed.
All the Justiees concur. Defendants demurred to the petition, on the ground that the suit could not proceed without an administrator of the estate of John B. Parker being a party, and that the action could be maintained only against such an administrator, and not against the heirs. The demurrer was sustained on the ground that an administrator of the estate was a necessary…
2Cases cited1 opinion
- McNair v. BrownSupreme Court of Georgia · 1912
3Cited by1 opinion
- Coleman v. ThomassonSupreme Court of Georgia · 1925