137 Ga. 362 | Ga. | 1912
W. H. Hayes brought complaint for land against E. W. Hayes, T. P. Hayes, John Hayes, Mrs. T. W. Bowen, and Bosa Bowen.' The last named being a minor, a guardian ad litem was appointed for her. It was alleged in the petition that the plaintiff claimed title to the real estate sued for, under a deed from Mrs. Mary Hayes, deceased, and that Mrs. Mary Hayes died intestate on November 15, 1908, leaving no debts nor any estate, and that no administrator had been appointed on her estate. The defendants named filed their plea; and John Hayes, showing that he was the temporary administrator of Mrs. Mary Hayes, deceased, and that he had duly filed his bond and qualified as such administrator, and further showing that he had in his possession, custody, and control all the property, real and personal, of the decedent, including the property sued for in this case, asked to be allowed to intervene as temporary administrator for the purpose of protecting the interests of the estate, and he was accordingly allowed to intervene and be made a party defendant. Hpon the trial a verdict was rendered in favor of the defendants. Whereupon the plaintiff made a motion for a new trial, and this being overruled, he excepted. In the bill of exceptions it is recited that the cause was one wherein “W. H. Hayes was plaintiff and John Hayes et al. were defendants.” No specification as to who were the parties defendant in the ease and to the bill of exceptions was made, other than as stated above.
Judgment reversed.