78 Ga. 607 | Ga. | 1887
John Dampier died a resident of the county of Brooks, leaving as his only heir at law the plaintiff in error, Remer Dampier. At the time of his death, he was the tenant in common of a certain lot of land in the county of Lowndes with J. D. McCall. Remer Dampier was a minor without either father, mother or guardian, resident at the time of his father’s death in the county of Brooks. He then went into the county of Lowndes, and being over fourteen years of age, he chose H. J. Dampier, his cousin, for guardian. The court of ordinary accordingly appointed H. J. Dampier his guardian. McCall sued out a petition for partition of this land, which was duly served upon H. J. Dampier as
Remer Dampier, having arrived at age, brought his bill, in which he alleges that he was a resident of Brooks county at the time his cousin, H. J. Dampier, was appointed his guardian; and also alleges the facts which I have stated ; and he prays that the partition of this land between himself and McCall be set aside ; that the judgment of the court of ordinary appointing H. J. Dampier his guardian be also set aside; that an order which had been granted by the court of ordinary of Lowndes county, authorizing a sale of this land by the guardian, and the sale by the guardian under such order, be set aside; and that McCall, and others who claim under him, be decreed to account to him for the rents, profits and waste; and that a general decree be made for the sale of the land and the division of the money. This bill was demurred to, and the superior court sustained the demurrer and dismissed the bill. This is excepted to, and is the error assigned in this case.
The judgment of the court below dismissing the bill is therefore affirmed.