Green v. Grant

• Decision Date: 16 March 1899
• Citation: 32 S.E. 846,108 Ga. 751
• Parties: GREEN v. GRANT.
• Court: Georgia Supreme Court

32 S.E. 846

108 Ga. 751

GREEN v. GRANT.

Supreme Court of Georgia

March 16, 1899

Syllabus by the Court.

1. A woman, who married one of two brothers, and survived them both, she being of no blood kin to either, and her husband dying first, is in no event an heir at law of the other.

2. As against one not an heir, an administrator may maintain an action for the recovery of land belonging to the estate of his intestate, without showing a necessity to administer the land for the purpose of paying debts. Civ. Code,§ 3357.

3. A judgment of a court of competent jurisdiction is binding and conclusive upon all parties properly before the court when it was rendered; and a defendant who, by a plea or answer in a pending case, seeks to avoid an existing judgment on the ground that he was not duly served, must, when there is, as to him, an entry of service purporting to have been made by a sheriff, traverse the return, and make the officer a party to the proceeding.

4. This case, though somewhat complicated, is, upon the facts disclosed by the record, controlled by the familiar rules above laid down. The court did not err in any of the rulings excepted to, nor in directing a verdict for the plaintiff.

Error from superior court, Dekalb county; A. W. Fite, Judge.

Action by Anna L. Ector against E. L. Grant. From the judgment, Green brings error. Pending hearing, plaintiff died, and J. H. Green, administrator, was substituted. Affirmed.

John A. Wimpy, for plaintiff in error.

T. J. Ripley and Rosser & Carter, for defendant in error.

PER CURIAM.

Judgment affirmed.