Harper v. Smith
Supreme Court of Georgia
Ejectment, in Crawford Superior Court. Tried before Judge Stark, August Term, 1850. This was an action of ejectment, instituted by the plaintiff in error, as the administrator, with the will annexed, of Samuel Harper, Sen. against the defendant in error, for the recovery of a lot of land in Crawford County. The defendant pleaded the general issue and the Statute of Limitations.
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Ejectment, in Crawford Superior Court. Tried before Judge Stark, August Term, 1850. This was an action of ejectment, instituted by the plaintiff in error, as the administrator, with the will annexed, of Samuel Harper, Sen. against the defendant in error, for the recovery of a lot of land in Crawford County. The defendant pleaded the general issue and the Statute of Limitations. On the trial it appeared in evidence, that the land was drawn by Samuel Harper, in 1821, and that in 1828 the same was sold by the (then) Sheriff of Crawford County, under executions against the said Samuel Harper,…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
[1.] If the plaintiff is not the administrator upon the estate undisposed of by the will of the testator, he cannot maintain this action. Our judgment is, that he is not. As, then, the suit must of necessity go out of Court, we think it unnecessary to discuss any question made but that one. It appears that Samuel Harper died, leaving a will, without appointing any executor, and that the will was attested by two witnesses only. It was proven in 1828. In 1847, application was made to the Court of Ordinary, by the plaintiff, for letters of…
2Cited by1 opinion
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