121 Ga. 798 | Ga. | 1905
This was a proceeding brought by C. S. Hodges, as administrator de .bonis non cum testamento annexo of Alley Huguley, against Sharpe & Drake, a partnership, to recover possession of a certain tract of land and damages for trespasses already committed thereon, and to obtain an injunction to restrain further trespasses. The defendants denied the title of the plantiff; and averred that they had a prima facie title to the land, and that the appointment of the plaintiff as administrator amounted to a legal fraud upon them, he having procured the appointment for the sole purpose of recovering possession of the land for his own private benefit and profit, and not for the benefit of any heir or creditor of the estate of Alley Huguley. On the trial the plaintiff showed the loss of the original grant.from the
Judgment affirmed.