114 Ga. 406 | Ga. | 1901
Tillman filed an equitable petition in the superior court of Harris county, against P. W. and J. E. Dunman, executors of Joseph Dunman,deceased, andJT. T. and ¿G_N — Murrah, and Murrah Brothers, praying that the executors above named be required to execute and deliver to him a deed to certain described lands; that T. T. and G. N. Murrah or Murrah Brothers he required to surrender for cancellation such deeds of conveyance as they may have received from these executors, as being a cloud on petitioner’s title; that all the defendants be restrained and enjoined from changing the status of the property ; and for general relief. The allegations of the petition are substantially as follows: Joseph Dunman died testate, seized -and possessed of certain described property; his will was duly probated, and letters testamentary issued to P. W. and J. E. Dunman, who as executors entered into possession of the lands of their testator for the purpose of administering his estate and carrying out the terms of the will, under the provisions of which they duly advertised for sale certain lands of decedent, for the purpose of paying the debts of the estate, and for distribution among the legatees, according to the statute and the terms of the will. The advertisement recited that the land was to be sold in five parcels “for cash,” before the court-house door of Harris county, on the first Tuesday in February, 1900. At that time and at the place above stated,petitioner being present, the executors read the advertisement publicly and began to sell the land in the order and parcels as therein stated. Petitioner with others bid for the same, and two parcels were knocked off to him, and one to another bidder. A certain described parcel of the land was then offered and cried for sale, and petitioner bid- thereon, as did one of the defendants in this case (Murrah), and others present, and the bids were accepted and cried until finally petitioner bid a certain sum which was accepted and cried by the auctioneer conducting
Judgment affirmed.