87 Ga. 268 | Ga. | 1891
Before the passage of the procedure act of 1887, E. S. Lane filed a bill in the superior court of Emanuel county against B. L. Lane, making, in brief, 'the following case : About May 22d, 1854, complainant’s father died intestate, leaving, as his sole heirs, complainant and his mother. Defendant qualified as administrator of the estate, and was also appointed guardian of complainant. The estate consisted of a large amount of personal property, and various tracts of laud situate in Emanuel and other counties. Defendant realized large sums of money from the proceeds of the personalty and the sales and hire of slaves, and made false and fraudulent returns to the court of ordinary as to his disposition of the same. At the September term, 1861, of the court of ordinary, he obtained letters of dismission as administrator of the estate, but procured the same by reason of said fraudulent returns and other gross misrepresentations of fact to said court of ordinary. Some of the tracts of land belonging to the estate of complainant’s father, and mentioned in the bill, were never sold or otherwise administered by defendant, but he merged them into his own estate, converted them to his own use, and is now in the possession and enjoyment of the same. In January, 1873, when complainant was within one year of his majority, he had an interview with defendant, who was his uncle, and for whom he entertained the utmost veneration and love. In this interview, defendant falsely told him that the estate of his father was overwhelmingly in debt; that there was nothing coming to him from the estate; and that the courthouse of Emanuel county was burned during the war and all the records destroyed. Complainant was raised on the farm of his step-father ; had very few educational advantages, and grew up in profound ignorance of his rights. Having the utmost confidence in the integrity
We reverse the judgment of the court below dismissing the bill, with directions that leave be granted to complainant to so amend his bill as to make it complete in all respects necessary to recover a half-interest in the unadmmistered lands of his father’s estate lying m Emanuel county and still in defendant’s possession, as well as such rents for the same as he could recover in an action of ejectment.
Judgment reversed, with directions.