113 Ga. 824 | Ga. | 1901
George W. Adams and others brought their action against J. M. Adams, alleging that the plaintiffs were children and heirs at law of Harden Adams, deceased, and the defendant was . the administrator on his estate; that the defendant was insolvent, and the only security on his bond was a non-resident of the State, who had no property within the limits of the State; that their father left as a part of his estate a tract of land which the administrator was advertising for sale; that it was his purpose to apply the proceeds of the sale to an invalid claim against the estate which he held or in which he was interested; that an application was pending in the court of ordinaryffo have the defendant removed as administrator, but that the hearing upon this application could not be had until after the date of the sale. The prayer of the petition was, that the defendant be enjoined from selling the land until after the application to remove, pending in the court of ordinary, had been determined; that the land be divided between the plaintiffs and the defendant as the heirs at law of their father; and for general relief. The petition waived discovery. In an amendment
Judgment reversed.