114 Ga. 592 | Ga. | 1902
In 1857 and for years previously, James W. Oliver resided in Randolph county with his wife, Susan, and her sister, Frances Green. The wife had no children, but the sister, as a result of illicit relations between herself and Oliver, hore him three sons, named respectively’ George W., James F. and William J. The first was, by an act of the General Assembly passed in 1847, made the legitimate son of his father, and his name was changed to George W. Oliver. James W. Oliver died testate in the year first mentioned. His wife, her sister, and the three sons all survived him. The following is an abstract of so much of the will of James W. Oliver as it is now material to consider: To his wife
Mrs. Oliver died about the year 1873. It does not appear whether or not she left any heir at law other than her sister, but presumably she did not. James F. Oreen died when a child. On the 1st day of March, 1883, George W. Oliver and his brother William J., who was never legitimated but who seems to have assumed the name of Oliver and who will hereinafter be so called, quitclaimed to their mother, Frances Green, for life, lot of land number 228 and the north half of lot number 227 in the fifth district, and-lots numbers 5 and 28 in the tenth district, of Randolph county. On the same day Frances Green and George W. Oliver conveyed to William J. Oliver certain lands in that county; and Frances Green and William J. Oliver conveyed to George W. Oliver certain other lands in that county. All of the lands above referred to were portions of the estate of James W. Oliver. George.W. Oliver died in 1887, leaving two children, Mrs. Ida J. Powell and Joseph F. Oliver. Apparently they were his only heirs at law. Frances Green died about the 1st of March, 1890, never having married. On November 3, 1890, William J. Oliver, as administrator upon the estate of George W. Oliver, executed and delivered to Arthur Hood a deed purporting to convey to him a half interest in the lands hereinbefore referred to as having been quitclaimed to Frances Green for life by her two sons. William J., as such administrator, had previously obtained from the court of ordinary an order granting him leave to sell all the realty of his intestate lying in Randolph county, and the deed to Hood recited that it was made in pursuance of this order. On April 10, 1897, he reconveyed to William J. Oliver the half interest in the realty just mentioned, and the latter was in possession of the same on the 10th day of February, 1899. On that day Mrs. Powell brought an action against him to recover an undivided fourth of the above-mentioned lots 5, 28, and 227. There was in the petition no reference to lot 228. Attached to it was an abstract of title, from which it appeared that the plaintiff relied upon the will of James W. Oliver and the quitclaim deed which George W. Oliver and William J. Oliver executed and delivered to their mother on March 1, 1883. The petition was framed upon the theory that these three were on that day the only persons interested in the realty
The defendant filed an answer and various amendments thereto,, by which he set up, among others, the following defenses: (1) The-plaintiff had no right or title to the property for which she sued. (2) The division which took place on March 1,1883, was made by all the persons then interested in the realty formerly belonging to-
Judgment in the one case reversed; in the other, affirmed.