Park v. Mullins
Supreme Court of Georgia
Ejectment. Before Judge Freeman. Troup superior court. June 24, 1905. Mrs. Lula T. Mullins died possessed of certain property in Troup county, and W. G-. Park was appointed her administrator. The administrator applied to the court of ordinary for leave to sell the land for the purpose of distribution among the heirs, notice of such application was published as required by law, and the order was granted.
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Ejectment. Before Judge Freeman. Troup superior court. June 24, 1905. Mrs. Lula T. Mullins died possessed of certain property in Troup county, and W. G-. Park was appointed her administrator. The administrator applied to the court of ordinary for leave to sell the land for the purpose of distribution among the heirs, notice of such application was published as required by law, and the order was granted. The administrator then brought suit against H. H. Mullins to obtain possession of the land, and for mesne profits, alleging, that Mullins had been in possession of the land since the death of…
1Opinion of the CourtCobb, P. J.
(After stating the foregoing facts.) In McDade v. Burch, 7 Ga. 559, it was held that an order of the court of ordinary *1074granting leave to sell the land belonging to the estate is a judgment of a court of competent jurisdiction, and can not be attacked or impeached collaterally by an heir claiming such land. In that case the lands had been divided among the heirs, and an administrator subsequently appointed had obtained an order authorizing a sale of the land. The heir in possession interposed a claim, and on the trial the claimant offered testimony to prove the division of the estate and that…
2Cases cited8 opinions
- Parsons v. AmbosSupreme Court of Georgia · 1904
- Coakley v. Southern Railway Co.Supreme Court of Georgia · 1904
- Baker v. Aultman & Co.Supreme Court of Georgia · 1899
- Bulloch v. SmithSupreme Court of Georgia · 1854
- Davis v. HowardSupreme Court of Georgia · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Matson v. CroweSupreme Court of Georgia · 1942
- Copelan v. KimbroughSupreme Court of Georgia · 1920
- Taylor Lumber Co. v. Clark Lumber Co.Court of Appeals of Georgia · 1925
- Wilcox v. ThomasSupreme Court of Georgia · 1940
- Hobby v. FordSupreme Court of Georgia · 1919
8 more not listed; retrieve them via the Exa API.