Commercial Bank v. Pharr

(After' stating the foregoing facts.)

Section 113-1526 of the Code providing that no suit to recover a debt due by the decedent shall be commenced against the administrator until the expiration of 12 months from his qualification does not apply in a trover action wherein recovery for hire and value of the property involved is expressly waived, and recovery of the property itself is sought within 12 months. Adder Machine Co. v. Hawes, 152 Ga. 826 (supra); Atkinson v. Universal Credit Co., 51 Ga. App. 517 (supra).

The plea of the defendants invoking this statute seems to have been abandoned by…