12 Ga. 208 | Ga. | 1852
By the Court.
delivering the opinion.
The Statute of Limitations was not relied upon, but waived before this Court. None of the grounds of demurrer can, in our judgment, be sustained.
p.] No notice whatever was necessary to the administrator,
If the complainants have received a distributive share, and have not received all they are entitled to, they may still sue for the balance ; but it no where appears, that they have received anything; their claim is for a full accounting by the administrator and the advanced distributees. Upon demurrer, then, how does it appear that they have received their distributive share; prima facie they have not, because they go for all; so I do not see, that any question can be made on this record, as to their having waived their right to call the other distributees into hotchpot, by having received their portion in whole or in part.
Let the judgment be affirmed.