80 Ga. 137 | Ga. | 1888
It appears, from the record in this case, that Catherine Renfroe, a married woman, by consent of her husband, was a free trader prior to 1863, and as such accumulated certain money, which was invested by her in a house and lof; in the city of Mill edge ville. She died some time in 1863,
At the time of Mrs. Renfroe’s death, there appears to have been some litigation between her and Rebecca Fox-ton concerning this lot of land; and in 1867, Mrs. Foxton recovered a judgment against McKinley, the administrator, for $1,380*80. In February, 1869, Renfroe, as guardian, applied to the ordinary of said county to have said house and lot set apart to his wards as a homestead; which application was granted by the ordinary. In the same month and year, McKinley, as administrator, and Renfroe, as guardian, leased said house and lot to Mrs. Foxton for the term of seven years, for the purpose of paying off the judgment obtained against the estate of Mrs. Renfroe.
Mrs. Turner, security on the guardian’s bond, died some time in the year 1870; and it does not appear that the ordinary ever cited Renfroe to give a new bond with other security. Mrs. Turner left a small estate, and in her will bequeathed nearly all of it to Enoch E. Renfroe, her son, the guardian of these minors.
In January, 1874, Renfroe, as guardian, applied to the ordinary for leave to sell this house and lot, and assigned as a reason therefor “ that the children had arrived at the
In April, 1874, it appears that the land was sold by the guardian at public sale, and F. B. Mapp became the purchaser at the price of $1,001. A deed was made to him on the 11th of April, 1874, by the guardian, which deed recites the application to sell, the citation published in the newspaper, the order of the ordinary, and contains other recitals usual in guardians’ deeds. In March, 1878, F. B. Mapp, the purchaser at the guardian’s sale, executed to his wife, Mollie E. Mapp, and her minor children, a deed
Ida L. Renfroe married a Mr. Prine, and Eva Renfroe married a Mr. Wright. On December 23d, 1886, they brought their action of ejectment against Mapp and his wife for the house and lot. The action was in the statutory form. The abstract of title relied on and annexed to their petition was the deed of Grantl and to McKinley, the administrator, and the fact that Mrs. Renfroe died in possession. The defendants filed a plea of “ not guilty.” Upon the trial of the case in the court below, the jury returned a verdict for the defendants. The plaintiff moved for a new trial, upon the following grounds: (1) “ that the court erred in excluding from the jury the record evidence that the ordinary, in 1868, had set apart as a homestead for the plaintiffs, these minors, the disputed premises, on the application of Enoch E. Renfroe, their guardian and father;” (2) “that the court erred in charging the jury that, if the guardian’s application to sell the wards’ real property to provide education for them was regular, and the ordinary’s order to sell was formal, and the advertisement and sale accorded therewith, then the purchaser got a good title, notwithstanding there was no guardian ad litem appointed in the case”; (3) “ the verdict was contrary to law and evidence and the charge of the court.” The motion was overruled and the plaintiffs excepted.
Judgment affirmed.