Payne v. Home Savings Bank

Atkinson, Presiding Justice.

The Code, § 38-118, among other stated prima facie presumptions, lists “continuance of life for seven years.” Dnder this provision and the rule which exists generally, one who has been absent from his accustomed place of abode, unheard from, for seven years is presumed to be dead, and in the absence of proof to the contrary his death is presumed to have occurred at the end of the seven-year period. Hansen v. Owens, 132 Ga. 648 (64 S. E. 800); Gantt v. American National Insurance Co., 173 Ga. 323 (160 S. E. 345). At the end of the seven years the ordinary has power…