15 Ga. 189 | Ga. | 1854
By the Court.
delivering the opinion.
In this, his Honor was certainly mistaken. An administrator is authorized, by law', to take possession, and dispose of the goods and chattels, rights and credits, &c., of Ms intestate; and he will be protected in the appropriation of them. But if he takes possession of another person’s property, and sells it as the intestate’s, ho does it at his peril; and cannot.be protected, in an action of trover brought against him.
The possession of this property by the decedent, at his death, might properly be looked to, as evidence of his title. But, off course, it could bo contradicted; and, inasmuch as there was some .evidence before the Jury to this effect, the Court should have charged, that “if the Jury believed the title to the property was in the plaintiff, at the time of Blackwell's death”,, they should find for the plaintiff.
It is not proper practice for counsel to interrupt the Court in his charge. But it is perfectly proper, after the Court has closed, for the counsel respectfully to call his attention to any point omitted, on which instruction from the Court to the Jury is desired, and on which it should be given. And it is the duty of the Court, in such case, to charge the Jury in relation to the same.
In this the Court erred.
Let the judgment bo reversed.