Gay v. Radford

Duckworth, Chief Justice.

1. Where the father of the plaintiff died intestate, holding possession of lands under a bond for title with a part of the purchase-price paid, he had a beneficial interest or equitable estate therein which descended to his heirs at law, and the plaintiff as the sole heir at law could bring an equitable action on the bond for title. Code §§ 113-901, 113-1603; Simpson v. Fox, 69 Ga. 753; Stonecypher v. Coleman, 161 Ga. 403 (131 S. E. 75). But before the heirs at law of a deceased intestate can recover land which had belonged to the estate of such intestate, they must…