108 Ga. 354 | Ga. | 1899
Green, as administrator of Underwood, brought an action of ejectment against the defendant in error, widow of his intestate, to recover possession of a tract of land. It was admitted that the defendant was the wife of the intestate. The evidence does not show that he left any children. The administrator had not obtained, nor applied for, an order from the court of ordinary to sell the land of his intestate for the purpose of paying debts or distribution. On the trial he introduced in evidence a deed from the defendant in error, conveying the land to his intestate. This was for the purpose of showing title in the intestate. He then introduced in evidence a note executed by the intestate to the Equitable Mortgage Company, for fifteen hundred dollars, besides interest, and a security deed made by the intestate in his lifetime, which purported to convey the land sued for to the payee of the note, as security for the payment of