101 Ga. 720 | Ga. | 1897
In the year 1872, Alexander Means made and executed a deed conveying 300 acres of land to Jas. H. Griffin, as trustee for his wife Susan C. Griffin and “the heirs of her body.” In 1885 Mrs. Griffin executed her note for $125 with interest, due in the next October, to Stewart Brothers, and to secure the payment thereof, executed a deed to 40 acres of the land above mentioned, taking a bond for reconveyance upon payment of the debt. She having died, her husband was appointed administrator upon her estate. The note to Stewart Brothers was not paid when due, and they brought suit against Griffin and obtained judgment thereon. They, filed a deed in the clerk’s office, and had their execution levied upon the land so reconveyed. At the sale this land, the forty acres, was bid in by Gleaton. The sale of this land not bringing enough to satisfy the execution, Stewart Brothers had the latter levied upon the rest of the original 300 acres; whereupon the children of Mrs. Griffin filed their petition in equity, alleging, in substance, that when Means, the grantor, made and executed the deed, he made a mistake therein; that he intended to grant an estate in common to Susan C. Griffin and her children; that he intended to give her only an eighth interest in the land. They prayed that the deed be reformed and made to speak the true intention of the grantor, and that the execution which had been levied upon the land be enjoined. Stewart Brothers, the administrator of Susan C. Griffin, and the administrator of Alexander Means, the grantor, were made
The administrator of the grantor had no right to interfere in this proceeding, except perhaps to move to strike his name from the petition. Certainly he had no right to raise the point that the petitioners could not maintain such an action against Stewart Brothers and the administrator of Mrs. Griffin. These latter persons, as far as the record shows, did not demur on this ground nor join in the demurrer filed by the administrator of Means. As far as the record shows, they were willing to try the case upon its merits, but a person who has no interest in the subject seeks, by his interference, to deprive them of this privilege. We think, therefore, that the court erred in ¡sustaining, or even entertaining, the demurrer of the grantor's administrator. Adair v. McDonald, 42 Ga. 506; Briegel v. Moeller, 82 Ill. 257; Hawes on Parties to Actions, § 26.