Evans, Gardner & Co. v. Brown
Supreme Court of Georgia
Administrators and executors. Claims. Onus prohandi. Title. Before Judge Richard H. Clark. Douglas superior court. July adjourned term, 1887. The administrators of Evan R. Whitley, deceased, having applied for and obtained a general order for the sale of the real estate of their intestate, advertised for sale, among others, a certain lot of land, to which a claim was interposed by Evans, Gardner & Company and Wm. A. Ransom & Company.
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Administrators and executors. Claims. Onus prohandi. Title. Before Judge Richard H. Clark. Douglas superior court. July adjourned term, 1887. The administrators of Evan R. Whitley, deceased, having applied for and obtained a general order for the sale of the real estate of their intestate, advertised for sale, among others, a certain lot of land, to which a claim was interposed by Evans, Gardner & Company and Wm. A. Ransom & Company. When the case came on for a hearing, the claimants asked the court to determine on whom was the burden of proof; showing that the lot was wild land not in the…
1Opinion of the Court
Simmons, Justice.
From the facts reported in this case, it will be seen that the court below held that, where an administrator had obtained leave from the court of ordinary to sell lands of his intestate, and had advertised for sale a certain lot of land in Douglas county, and a claim was filed thereto, and the case transferred to the superior court, the burden of proof was'upon the claimant to show title to the land. We think the court erred in so ruling. The code, §3744, declares that a case of this kind shall be tried “ in the same manner and under the same regulations, restrictions and,…
2Cases cited2 opinions
- Powell v. WestmorelandSupreme Court of Georgia · 1878
- Knowles v. JourdanSupreme Court of Georgia · 1878
3Cited by2 opinions
- Griffin v. CromartieCourt of Appeals of Georgia · 1930
- Bentley v. BentleyCourt of Appeals of Georgia · 1936