141 Ga. 309 | Ga. | 1914
1. Lot of land number 160 in the third district of Dooly county was offered for sale by the acre at administrator’s sale (terms cash), and was bid off at the price of $8' per acre. The administrators executed a conveyance in the usual form of an administrator’s deed, conveying the land to the purchasers, and describing it by its lot and district numbers .and as containing 202% acres, inore or less, the recited consideration being an amount apparently based on a calculation of 202% acres at $8 per acre. The purchasers paid such consideration and accepted the conveyance, having actual notice at the time of all the contents of the instrument, and assuming that the administrators knew the number of acres in the lot and that they had “made the calculation correctly, to wit at $8 per acre, and that there were 202% acres
2. An assignment of error upon a refusal to allow an amendment to the petition will not be considered by the Supreme Court, where the rejected amendment is not embodied in the bill of exceptions, or attached thereto and properly identified by the judge as an exhibit. Ponder v. Quitman Ginnery, 122 Ga. 29 (49 S. E. 746); McGarry v. Seiz, 129 Ga. 296 (58 S. E. 856). Judgment affirmed.