McDade v. Burch
Supreme Court of Georgia
Claim, in Richmond Superior Court. Motion to re-instate. Decided by Judge Merriwether, June Term, 1849. Upon the death of Charles McDade, his children and heirs at law, by consent, dispensed with an administration of his estate and divided the property among themselves. Upon that division a tract of land was allotted to John McDade, who went into possession and claimed the same for many years, until his death.
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Claim, in Richmond Superior Court. Motion to re-instate. Decided by Judge Merriwether, June Term, 1849. Upon the death of Charles McDade, his children and heirs at law, by consent, dispensed with an administration of his estate and divided the property among themselves. Upon that division a tract of land was allotted to John McDade, who went into possession and claimed the same for many years, until his death. John Burch afterwards took out letters of administration on the estate of Charles McDade, and obtained an order from the Inferior Court of Richmond County, sitting for ordinary…
1Opinion of the Court
By the Court. —
Nisbet, J.
delivering the opinion.
[1.] This Court has held that the title to the lands of the ancestor is, at his death, cast upon the heirs, and that they may maintain ejectment for them, against a wrong doer; and at the same time and in the same case, that they are liable to be sold by the administrator, after an order by the Court of Ordinary granting him leave to sell for the payment of debts; and that he may bring ejectment for them, even against the heii-, when it is necessary to gain possession for the purposes of the administration. The title of the heirs is subordinate…
2Cases cited3 opinions
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- Stuckey v. WatkinsSupreme Court of Georgia · 1900
- Winn v. LunsfordSupreme Court of Georgia · 1908
- Copelan v. KimbroughSupreme Court of Georgia · 1920
- Marshall v. RussellSupreme Court of Georgia · 1966
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