Doe ex dem. Cheever v. Roe
Supreme Court of Georgia
Ejectment in Dougherty Superior Court. Tried before Judge Allen, May Term, 1857. The only question in this case, arises upon the rejection by the Court of certain evidence offered by the plaintiff. It was admitted that defendant was in possession of the premises in dispute, at the commencement of the suit. Plaintiff offered the grant from the State of Georgia, to Donald McDonald, for the lot in controversy — No. 71, in 1st district of Dougherty county.
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Ejectment in Dougherty Superior Court. Tried before Judge Allen, May Term, 1857. The only question in this case, arises upon the rejection by the Court of certain evidence offered by the plaintiff. It was admitted that defendant was in possession of the premises in dispute, at the commencement of the suit. Plaintiff offered the grant from the State of Georgia, to Donald McDonald, for the lot in controversy — No. 71, in 1st district of Dougherty county. It was admitted that McDonald was dead, and that Isaac E. Bower was the administrator of his estate. Plaintiff then offered a power of…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
Can an administrator sell land by agent, in this State ?
The general opinion is, that delegatus non potest delegane; but this principle applies only to cases in which, the thing to be done by the agent, is that kind of thing, in the doing of Avhich, there is room to the doer, for the exercise of judgment and discretion.
By the common law, there Avas room to the executor with a power of sale, for the exercise of judgment and discretion in he sale. He might sell at public sale, or at piivate sale ; he *602might elect the place, the day, the hour, of…
2Cited by2 opinions
- Scales v. ChambersSupreme Court of Georgia · 1901
- Atkinson v. Central Georgia Agricultural & Manufacturing Co.Supreme Court of Georgia · 1877