148 Ga. 79 | Ga. | 1918
1. Where heirs at law of a decedent bring an action of ejectment, the general rule is that in order for them to recover it is necessary for them to show that there is no administration upon the estate of the decedent, or, if there is administration, that they have the consent of the administrator to bring the action. Grooms v. Grooms, 147 Ga. 206 (93 S. E. 201); Gornto v. Wilson, 141 Ga. 597 (81 S. E. 860).
2. But the above rule is subject to the modification that under peculiar circumstances, as where the administrator makes a collusive conveyance for the purpose of defrauding those interested in the estate and of obtaining a personal benefit for himself, and refuses to give his consent for the heirs to sue, they may bring an equitable action against the administrator and the person or persons charged with being in collusion with him, for the purpose of protecting their rights. Kinard v. George, 142 Ga. 111 (2) (82 S. E. 560).
3. The present action of ejectment was brought by the heirs at law of their deceased mother. The evidence shows, that there was an administrator
t. Whether the granting of a nonsuit was not the proper disposition of the suit is not involved in the present case.
Judgment affirmed.