Griffin v. Cromartie

1. While “an administrator can not sell property held adversely to the estate by a third person; he must first recover possession” (Civil Code, 1910, § 4033), and while, where an administrator applies for and obtains from the ordinary an order for the sale of personalty as the property of his intestate, and a claim is interposed by a third person, as provided by the Civil Code (1910), §§ 4034, 5176, 5179, the issue is whether or not the property is subject to such sale, and the burden of proof is upon the administrator (Hall v. Armour, 68 Ga. 449; Evans v. Brown, 80 Ga. 656, 6 S. E. 280; Hull…