13 Ga. 24 | Ga. | 1853
By the Court.
delivering the opinion.
In considering this cause, we have found that Ambrose Baber, administator upon the estate of Solomon Groce, deceased, brought an action of ejectment against Louisa B. Durrett, tenant, for one acre of land, lying in the north-east corner of ten acre lot No. 4, of the Macon reserve, east of the Ocmulgee river, upon a grant from the State for that lot, issued to his intestate. Pending that action, Field the trustee of Mrs. Durrett, filed the original bill, making Baber the administrator of Groce, and the heirs of said Groce, among them Solomon Groce, who the bill charges to be a minor and without a guardian, parties defendants. This bill setting up that the lot of land No. 4, had been transferred to Solomon Groce, deceased, the intestate of Baber, as security for certain debts and liabilities incurred by and due to him by one D. Durrett, which liabilities and debts had been discharged and cancelled, and that the same lot had been conveyed by D. Durrett in trust for the use of Mrs. Durrett, and that the grant had been eollusively taken out in the name of Grooe, prays that the
4 in the public reserve at Macon, on the east side of the Ocmulgee river, containing ten acres. In obedience to this order, the conveyance was made by the defendants to the trustee of Mrs. Durrett, of the lot No. 4, containing ten acres; and upon this deed, he instituted ejectment against Lewis Groce, who was in possession, for the ten acre lot No. 4. Bending this action, the bill of review was brought by Lewis Groce and T. A. Brown, administrators of Solomon Groce, deceased, setting forth the foregoing facts, and in addition to them, charging, that pending the original bill, Baber the administrator,
Lot the judgment be reversed.