Roe v. Doe ex dem. Ayres
Supreme Court of Georgia
Ejectment and Motion to make parties, in Randolph Superior Court. Tried before Judge Perkins, at May, Term, 1860. A suit was brought by defendants in error, against Jeremiah H. Allen, as administrator on the estate of J. J. Allen, deceased, for the recovery of a certain lot of land. Pending this suit, the administrator, Allen, died.
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Ejectment and Motion to make parties, in Randolph Superior Court. Tried before Judge Perkins, at May, Term, 1860. A suit was brought by defendants in error, against Jeremiah H. Allen, as administrator on the estate of J. J. Allen, deceased, for the recovery of a certain lot of land. Pending this suit, the administrator, Allen, died. His death having been suggested of record, and scire facias having issued and been served on George W. Hay, as administrator de bonis non of J. J. Allen, deceased, to show cause why he should not be made a party defendant as such administrator de bonis non. The…
1Opinion of the Court
By the Court
Stephens, J.,
delivering the opinion.
This action was founded on a seizure of possession committed and mesne profits appropriated by the intestate in his lifetime, with a continuation of the same wrongs by the administrator after the death of the intestate. If the action was properly brought against the administrator, it was right to preserve it against the administrator, de bonis non. The ground of objection to the making of this party, is rather a reason for it than against it, for it shows that the estate had got the benefit of a full administration of the land, and the estate,…
2Cited by2 opinions
- Hundley v. PendletonCourt of Appeals of Georgia · 1911
- Kirchner v. MullerAppellate Division of the Supreme Court of the State of New York · 1938