No. 318 | Ga. | Nov 17, 1917
To a suit by a creditor against grantees in a deed to land executed by Ms debtor, for cancellation of the deed, and for judgment on the debt, the grantor (or, if dead, his legal representative) is a necessary party; and where the petition fails to make the legal representative of the deceased debtor a party, it is properly dismissed on demurrer-. Biggs v. Silvey, 140 Ga. 762 (79 S.E. 857" date_filed="1913-10-15" court="Ga." case_name="Biggs v. Silvey">79 S. E. 857); Kehoe v. Rourke, 131 Ga. 269 (62 S.E. 185" date_filed="1908-08-13" court="Ga." case_name="Kehoe v. Rourke">62 S. E. 185) ; 9 C. J. 1227. This cáse differs from that of Moore v. Smith, 121 Ga. 479, 482 (49 S.E. 601" date_filed="1904-12-20" court="Ga." case_name="Moore v. Smith">49 S. E. 601). In that case the suit was against the widow, who was the sole heir, and who took possession without administration, there being no cancellation sought.
Judgment affirmed.