Melson v. Leigh

1. If J. executes a security deed to L. as administrator and remains in possession, J's possession is not adverse to the estate represented by L., but is merely permissive (Jay v. Whelchel, 78 Ga. 786, 3 S. E. 906), and will not afford a basis for prescription against L. as administrator or the distributees (if ever before payment of the secured debt) until after an adverse claim by J. and actual notice thereof to L. as administrator. Civil Code, § 4164. Rucker v. Rucker, 136 Ga. 830 (2) (72 S. E. 241); 2 C. J. 134, § 230.

2. If, after execution of such security deed as indicated in the…