Sellars v. Cheney
Supreme Court of Georgia
Administrators and Executors. Ejectment. Estoppel. Justice Courts. Judgments. Nullities. Before Judge Port. Schley Superior Court. March .Term, 1883. Mrs. Ingraham, as administratrix of Ingraham, deceased, .brought complaint for land against Sellars in 1881. During the pendency of the case, she married and her letters abated. Cheney administered and was made a party.
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Administrators and Executors. Ejectment. Estoppel. Justice Courts. Judgments. Nullities. Before Judge Port. Schley Superior Court. March .Term, 1883. Mrs. Ingraham, as administratrix of Ingraham, deceased, .brought complaint for land against Sellars in 1881. During the pendency of the case, she married and her letters abated. Cheney administered and was made a party. On the trial plaintiff introduced a deed from one Hightower to Ingraham, dated in 1850, proved possession in the de cedent from 1854 to 1874, when the latter died, showed plaintiff’s letters of administration, introduced evidence…
1Opinion of the Court
Jackson, Chief Justice.
The questions made in this record and pressed here mainly by the plaintiff in error are, first, that possession in defendant in the ejectment case was not proved; secondly, that the administrator could not sue unless he brought himself within section 2486 of the Code, and showed either prior possession, or that the recovery was necessary to pay debts or make proper distribution; thirdly, estoppel; and fourthly, the evidence necessary to prove and identify a summons to a justice court so a's to admit it in the evidence.
1. When the defendant put in his defence to the…
2Cases cited3 opinions
- Georgia Railroad & Banking Co. v. HamiltonSupreme Court of Georgia · 1877
- Gouldsmith v. ColemanSupreme Court of Georgia · 1876
- Scott v. SingerSupreme Court of Georgia · 1875
3Cited by3 opinions
- Wilkins v. McGeheeSupreme Court of Georgia · 1891
- Cozart v. MobleyCourt of Appeals of Georgia · 1931
- Didschuneit v. Enochs Lumber & Manufacturing Co.Court of Appeals of Georgia · 1931