113 Ga. 137 | Ga. | 1901
Cora Waldrup alleged in her petition that she was the daughter and heir at law of Sarah Waldrup, deceased, who died in 1884, seized of a one-fifth interest in a certain tract of land in Hall county, containing two hundred and fifty acres, more or less. Alexander M. Stringer, the grandfather of petitioner, was appointed administrator of the decedent, and at the July term, 1884, of the court of ordinary of Hall county, applied for and obtained leave to sell the lands of the estate. In January, 1885, these lands were exposed for sale, and by a previous arrangement they were bid off for the administrator by Sears. The petition alleged that this sale was fraudulent and without consideration, the consideration named in the deed being merely a cloak to give the transaction the appearance of being legal. By an arrangement between Stringer and the persons owning the other four fifths of the two hundred and fifty acres described, the tract was divided, and Stringer was to have a described portion, containing 53 acres, more or less. After this division was made, Sears, at the instance of Stringer, conveyed sixty acres of the property in dispute to Mary E. S. Stringer, wife of the administrator, nothing being paid for the land, and the conveyance being made simply for the purpose of giving the transaction the appearance of legality. It is alleged that Mary E. S. Stringer had notice that the land was bid off for her husband, the administrator, and that nothing was paid hy Sears therefor. The only heirs of Sarah Waldrup were petitioner and her father, J. C. Waldrup, who subsequently died, leaving a second wife and petitioner as his only heirs at law. At the time of the administrator’s sale petitioner
In no view of tMs case can the verdict of the jury stand. It will be observed that by her own pleadings the plaintiff shows title to only a three-fourths undivided interest in the estate of her mother. Her stepmother, according to the petition, inherited a half interest in the estate of the plaintiff’s father, or a fourth of the land prayed for m the petition. No title to tMs fourth is shown M the plamtiff. It is to be further noted that the plaintiff in her petition seeks
Judgment reversed.