64 Ga. 11 | Ga. | 1879
The court instructed the jury in this case that the sale by the administrator de bonis non was void, because he had obtained the letters and the order to sell fraudulently, in this, that the debt due to the church' was barred when the letters were granted in 1872' — barred by the act of 1839. The
But that is a contested point on the facts, and while the court charged the law thereon, and that was the real issue in the case, yet the charge of the bar of the statute and fraud of the administrator concluded the case for complainants without reference to this issue ; and therefore the case must be tried over again. The charge in respect to the extent of possession by construction when the party actually possesses part, is right, as we understand it. The law is-that it extends as far as the boundary of the tract described in the deed, if recorded, or if the boundaries are known to-the contesting party.
The judgment is reversed on the ground that the court erred in the charge in respect to the debt being barred and fraud in the administrator in taking out letters and selling; the land mortgaged to pay it.
Judgment reversed.