Supreme Court of Georgia · decided 1872-07-15
<p>1. Courts of Ordinary are Courts of original, exclusive and general jurisdiction of the sale and disposition of the real property belonging to, and the distribution of, deceased persons’ estates.</p> <p>2. The order of the Court of Ordinary granting leave to an administrator to sell the lands belonging to the estate h‘e represents is his authority for so doing. The authority being shown, the law “ presumes the Court of Ordinary required all the law requires to have been done, before granting the order to sell, and we will not go behind that judgment:” 4 Georgia, 154, Warner, J., delivering the opinion. “The order to sell being a judgment of a Court of competent jurisdiction imports, legally, a necessity for the sale, and such Judgment cannot be attacked and set aside collaterally. It is not only leave to sell, but it is a judgment of the Court, that such sale will be for the benefit of the heirs and creditors of the estate. In favor of this judgment we are to presume the Court did its duty :” 7 Georgia, 562, Nesbm, J.</p> <p>3. An order “,to sell the lands belonging to the estate ” of the deceased is not void because it does not specify more definitely the lands ordered to be sold : 4 Georgia, 152; Code, section 4, paragraph 6. Such an order need contain nothing more than leave to sell, and a description of the land. Section 4044 of the Code does not apply to it, but only to those cases where a copy of the application to the Ordinary, together with notice of the time of hearing is required by law, or in the judgment of the Ordinary, to be served by the sheriff, or some lawful officer, upon the party or parties to be notified.</p> <p>4. A recital in an administrator’s deed of a compliance with all the requisites of the law necessary to be done after the order of sale is gran - ted, is prima fade evidence that those requisites were complied with: 4 Georgia, 155-6.</p> <p>5. A failure of a purchaser at administrator’s sale to record his deed within twelve months from its date, does not postpone his rights to those of a judgment creditor who obtains judgment before, record.</p> <p>6. Purchasers at administrator’s sales are not responsible for any dereliction t)f duty on the part of the administrator, provided there is an apparently substantial compliance with the requirements of the law upon the subject of administrator’s sales, and no bad faith on the part of the purchaser.</p> <p>7. We find no error in the verdict of the jury.</p> <p>Warner, C. J., dissented.</p>
Good law ✅— No negative treatment on recordhow we know
Decided 1872-07-15
