114 Ga. 673 | Ga. | 1902
Frank C. Jones and another, as administrators of the •estate of Gazaway B. Lamar, deceased, brought an action against •Cliett and others, to recover a described parcel of land, with mesne •profits and damages alleged to have been sustained by the cutting •and removal of timber from the land. At the trial the court granted a nonsuit, and the case is here upon a bill of exceptions filed by the plaintiffs, assigning error upon this judgment and upon the refusal of the’ court to admit certain evidence. Gazaway B. Lamar was a resident of the State of New York at the date of his death, ■and the plaintiffs were appointed, in the surrogate’s court of New
While the provisions of the section just quoted are very broad, it certainly can not be properly construed to mean other than that a foreign executor or administrator is authorized to bring in the courts
But it is contended in the brief of counsel for the plaintiffs in error, that, even if the plaintiffs were not entitled to maintain an action for the recovery of the land, they could prosecute the same for the purpose of recovering mesne profits and damages alleged to have accrued from a trespass upon the land. So far as the mesne profits are concerned, a sufficient answer to this contention is that under the law of this State no separate action for mesne profits can be maintained; they can be recovered only in a suit brought to re
Judgment affirmed.