Downing Lumber Co. v. Medlin & Sundy (1911)

A. 369); Hanesley v. Bagley, 109 Ga. 346, 348 ( 34 S. E. 584 ); Downing Lumber Co. v. Medlin, 136 Ga. 665, 667 ( 72 S. E. 22 ); Booth v. Young, 149 Ga. 276 ( 99 S. E. 886 ); Guthrie v. Bullock, 143 Ga. 17 ( 84 S. E. 59 ); Smith v. Duhart, 152 Ga. 554 ( 110 S. E. 301 ); Driggers v. Moore, 163 Ga. 754 ( 137 S. E. 14 ); Davitte v. Southern Ry.

Section 4185 of the Civil Code (1910) declares that “a deed to lands, made while the same are held adversely to the maker of the deed, is not void.” But the contrary rule at common law, making void all conveyances of land which at the time is in the adverse possession of another, has been preserved in this State as a special rule applicable to administrators’ sales, and section 4033 of the Civil Code declares that “an administrator can not sell property held adversely to the…

Downing Lumber Co. v. Medlin, 136 Ga. 665, 666 ( 72 S. E. 22 ); Tucker v. McArthur, 103 Ga. 409, 416 ( 30 S. E. 283 ).

The same doctrine was recognized in Hanesley v. Bagley, 109 Ga. 346 ( 34 S. E. 584 ), where it wás said by Cobb, J.: “Moreover, his ease would fall for the reason that, at the time of the administrator’s sale, under which he holds, the administrator was not only not in the possession of the land, but the same was in the possession of another holding adversely to such administrator; and for this reason, if for no other, Clay acquired no interest under the deed.” The doctrine …

Held, that the occupation by the claimant of a portion of the land, evidenced by his working the trees for turpentine, was such adverse possession as to forbid sale by the administrators of that portion of the land, under the statute which declares: “An administrator can not sell property held adversely to the estate by a third person; he must first recover possession.” Civil Code (1910), § 4033; Lowe v. Bivins, 112 Ga. 341 ( 37 S. E. 374 ) ; Downing Lumber Co. v. Medlin, 13…