122 Ga. 611 | Ga. | 1905
It appears from the record, that in the year 1877 Albert H. Story contracted with the City Council of Augusta to purchase a city lot for $525, payment to be made in 'three instalments. Story paid the first instalment, but when the others became due he was unable to meet them; and in 1879 he got Patrick Doris to pay the balance due and authorized the city council to make Doris a deed to the lot. It also appears, that Story owed Doris an open account, and it was agreed between the' two that Doris should hold the deed as security for both debts, the total amount of which was $947.05. The City Council of Augusta executed to Doris a fee-simple title to the lot, with warranty. Story remained in possession of the lot, and Doris took no steps towards collecting the debt. Doris died in 1880, and in 1882 Story filed his equitable petition against Mrs. Mary A. Doris, the administratrix of Doris, in which all these facts were detailed, and a tender of the money due Doris, with interest, was made to the administratrix. Nothing appears to have been done with the petition until some time in the year 1884, when it was marked “ dismissed ” on the docket. After this petition was filed Mrs. Doris, the administratrix, died, and David Graham qualified as her executor. He was discharged from his trust in 1888. The matter as to the lot of land seems to have remained in statfi quo until the year 1900, when the heirs of Doris brought their action or complaint for the land against • the heirs of Story, he having died some years before. E. J. Doris, a son of the grantee in the deed from the city council, had been appointed temporary administrator, and he sued in his individual capacity with the other heirs of Doris, and also, as temporary administrator. The Story heirs filed pleas in which they set up that the debt due by Story to Patrick Doris was barred by the statute of limitations; that the action or complaint for the land was barred also, because it was a stale demand; and that they had been in the quiet, peaceable, uninterrupted, and adverse possession of the land from the time the deed was made to Doris until the commencement'of this suit. Upon the.trial of the case E. J. Doris, as temporary administrator, was stricken from the complaint, upon motion of the plaintiffs, to which the defendants excepted. It appears that A.
Judgment on main MU of exceptions reversed; on cross-Mil affirmed.