81 Ga. 491 | Ga. | 1888
The facts are stated in the official report.
As the partnership no longer exists, a recovery in this case co.uld not be for partnership use otherwise than by administering the land for the payment of debts ; and hence, for us to hold that the plaintiff could recover the whole land in this action, would be to recognize him as entitled to administer on his deceased copartner’s real estate. "What use has he for the possession if he cannot administer ? And without some legal use for it he can have no right to it. The court did not err in granting anew trial.
Judgment affirmed.