104 Ga. 101 | Ga. | 1898
The Mutual Bexiefit Building Association bi'ought its action against Robert W. Trotter and his wife, for the recovery of certain land to which it claimed title under a deed from Lena S. Milner to the plaintiff, dated July 2, 1889, and recorded October 21, 1890. Subsequently R. W. Milner, as administrator of the estate of Lena S. Milner, was made a party defendant. Trotter and wife axxswered that they were iix possession of the land under a bond for titles from Lena S. Milner to Mrs. Trotter, dated October 4, 1890. They also alleged as follows: The deed under which the plaintiff claimed was made to secure an indebtedness, a large amount of which had been paid. These defendants were not aware of this debt at the time of their purchase. The defendant, Mrs. Trotter, was still due on the purchase-money to the administrator of Lena S. Milner $248, with interest, which sum the administrator proposes to use in part settlement of the balance due to the plaintiff. Mrs. Trotter had been, and was, at the time of filing this answer, ready to pay over to said Milner, as administrator, the balance due him as such, as soon as he should be in position to settle the balaxice due the plaintiff bj^ his ixxtestate, axxd give to her an unencumbered title to the property. Upon these pleadings the case was referred to an auditor to hear evidence and make a finding as to the amount of the indebtedness of the estate of Lena S. Milner to the plaintiff, and also the amount of the indebtedness of Mrs. Trotter to the estate of Lexia S. Milner. The auditor made a report, to which the administrator filed exceptions of law and fact. By agreement of counsel these exceptioxis were submitted to the court without the intervention of a jury. He overruled the same, and sustained the findings of the auditor. It does not appear that in so doing any error was committed. Milner, the administrator, then offered to amend an answer which he had previously filed, and set up new matters of defense. This amendment the court rejected, on the
The above statement, without going into unnecessary detail, sufficiently sets forth all the facts really’ essential to an understanding of our rulings in dealing with this case.
Judgme7it reversed, with direction.