Dozier v. Parker

Head, Presiding Justice.

“A prescription shall not run against an unrepresented estate until representation, provided the lapse does not exceed five years; . . .” Code § 85-413. “. . . [W]here more than five years elapse after the death of an intestate before administration upon his estate, prescription will not be suspended for any length of time on account of the estate being unrepresented.” Brown v. Caraker, 147 Ga. 498 (94 SE 759); Danielly v. Lowe, 161 Ga. 279 (130 SE 687).

The petition alleged that Lucius Dozier entered into “permissive possession” of the premises upon the death of Allen…