142 Ga. 37 | Ga. | 1914
The petition is by Mrs. Melvina McElroy as executrix of Peter E. McElroy, deceased, and as an individual, and Smith McElroy, Marie McElroy Temple, and P. E. McElroy; and the defendant is P. D. McElroy. The suit is to recover a described tract of land alleged to have been devised by Peter E. McElroy to Melvina McElroy for life, and at her death to the other petitioners, and for an accounting for rents, issues, and profits due to Melvina McElroy as executrix during the time the defendant was managing the estate of Peter E. McElroy, as agent of the executrix. The defendant claims that the premises in dispute are included in 'a deed executed to him by his father, Peter E. McElroy. The trial resulted in a verdict for the defendant; and the plaintiffs sued out a bill of exceptions, assigning error on the court’s refusal to sustain their motion for a new trial.
Judgment reversed.