93 Ga. 682 | Ga. | 1894
Dempsey Dillard died in 1853 or in 1854, and in 1857 one Bell was appointed administrator of his estate. At the September term, 1857, of the superior court of Marion county, Mrs. Harriet Dillard, the widow of the intestate, filed an application for dower. Commissioners were appointed, the dower was in fact laid off, embracing sixty-two acres of the west half of lot number 154 in the 31st district of that county, and a plat of the same was made by a surveyor in November of that year. The. commissioners made no return to the superior court, and there was no judgment of that court- adopting or confirming their action. Nevertheless, the widow, with the consent and acquiescence of the administrator and of the heirs at law, took possession of the land so set apart as her dower, and remained in possession of the-same until about the end of the year 1869.
Hnder an order from the court of ordinary, Bell, the administrator, on, the first Tuesday in December,-1857, sold to the widow the land hereinafter described, the-terms of the sale being, one -third cash, and the balance on credit. The administrator, in pursuance of this sale, made a deed to Mrs. Dillard on the 10th of January,-