174 Ga. 97 | Ga. | 1932
P. L. Burkhalter and others, as heirs at law of Mrs. J. B. Waters, brought suit against R. D. Easterling, administrator of the estate of Mrs. J. B. Waters, and his bondsmen, for an accounting and for judgment in a stated sum. It is alleged that the administrator has received large sums of money and has not accounted for the same; that he has not made proper returns of his management of the estate, and that the returns that he has made are erroneous; and that he sold real estate for $6,000, and has not accounted for this amount. By way of answer the defendants deny the material allegations of the petition. As to the item of $6,000 received for the sale of real estate, they say that this sale was a private sale, and that the bondsmen are not liable on the bond of the administrator, and the administrator claims he is not liable as
A demurrer filed to the petition as amended was overruled. The case was referred to an auditor who reported his findings of fact and of law. Exceptions of fact and of law to the report were filed by the defendants, who insisted that the exceptions of fact should be submitted to a jury. The court confirmed the report of the auditor, disallowed the exceptions of fact, overruled the exceptions of law, and rendered judgment in favor of the plaintiffs, jointly and severally, for the amounts due them by the administrator. The defendants excepted to this judgment and assign error thereon.
Only one phase of this case need be considered specially, and that is on the findings of fact and of law with reference to the sale of the land by the administrator. The auditor reported in part as follows: “I find that on February 9, 1927, said R. D. Easterling as permanent administrator of the estate of Mrs. J. B. Waters, did receive the further sum of $6,000 from the sale of the lands of said estate, the same to be accounted for by him as such administrator.” The finding of law was in accordance with this finding of fact. For cause of exception the defendant says that the finding is not sustained or authorized by the evidence, is contrary to the evidence and without evidence to support it. We are of the opinion that the finding of fact is supported by the evidence and that the finding of law is correct. The evidence with reference to these findings is substantially as follows: Easterling as administrator obtained an order for sale of the land for distribution among the heirs of the estate, and advertised the land for sale. It was agreed between him and the heirs, prior to offering the land for sale, that unless it brought $6,000 it was not to be considered a sale, but was to be bid in for the estate. When the land was exposed for sale, the highest bid received was
Judgment affirmed.