146 Ga. 528 | Ga. | 1917
1. The plaintiff, a minor, suing by next friend, alleged that the defendant, her guardian, had purchased two tracts of land belonging to the estate of her mother, at an undervalue, by representing to prospective bidders that he purposed to buy the land for her in order that her money might be well invested; and she prayed that he be decreed to hold the land as her trustee. ' No demurrer to the petition was filed. On the trial there was evidence tending to show that the defendant was the plaintiff’s uncle, and not long before the sale of the land by the administrator of her deceased mother he applied for letters of guardianship of the property of plaintiff. On the day of the sale and prior thereto the defendant told certain prospective bidders that he intended to purchase the land for the plaintiff, and misled the plaintiff’s grandfather as to the hour of'sale. The defendant personally bid off one tract and his brother-in-law bid off the other tract. There were no other bidders: The land was worth more than the amount bid. The administrator of the plaintiff’s mother made a deed to
2-4. The rulings made in headnotes 2, 3, and 4 require no elaboration. There was no merit in any of the other grounds of the motion.
Judgment affirmed.