Homestead rights insufficient to prevent ripening of prescriptive title prior to administratrix's appointment.

- Whatever rights may have existed under an alleged homestead are not sufficient to prevent title by prescription from ripening in the claimant by prescription prior to the appointment of an administratrix of the estate of the claimant under the alleged homestead. Slade v. Barber, 200 Ga. 405, 37 S.E.2d 143 (1946).

Proof of date of intestate's death not required.

- When there is proof of an interval of more than five years from an intestate's death, it is not required that the date of the intestate's death be proved. Brown v. Caraker, 147 Ga. 498, 94 S.E. 759 (1917).

Prescription not suspended for any length of time due to estate's unrepresentation.

- Prescription will not run against an unrepresented estate, provided the lapse of time does not exceed five years, but when an unrepresented estate continues without representation for more than five years, prescription will not be suspended for any length of time on account of the estate being unrepresented. Miles v. Blanton, 211 Ga. 754, 88 S.E.2d 273 (1955).

When more than five years elapse after the death of an intestate before administration upon the intestate's estate, prescription will not be suspended for any length of time on account of the estate being unrepresented. Dozier v. Parker, 219 Ga. 725, 135 S.E.2d 857 (1964).

No deduction from adverse possessor's term after five years.

- If the estate remains unrepresented for more than five years, no deduction at all from the adverse possessor's term will be allowed in favor of the personal representative. Powell's Actions for Land, 448. Danielly v. Lowe, 161 Ga. 279, 130 S.E. 687 (1925).

When intestate's spouse in possession at expiration of statutory period.

- When, after the death of an intestate, the intestate's husband acquired possession of livestock belonging to the estate, and also acquired possession of the increase thereof, and from time to time sold some of the property and kept the proceeds for himself, and where the estate remained unrepresented for more than 13 years until the appointment of a temporary administrator, and where within the period of nine years from the death of the intestate no claim of title adverse to that of the husband was asserted to any of the property by anyone representing the heirs or creditors of the intestate, the husband, at the expiration of the nine years, had acquired title to the property by prescription, and no title to the property or right of possession thereof was vested in the temporary administrator of the estate afterwards appointed. Ulmer v. Ulmer, 53 Ga. App. 417, 186 S.E. 433 (1936).

Concealment of right by one with duty to disclose prevents running of statute of limitations in favor of the party in default. It is a legal fraud. Hoyle v. Jones, 35 Ga. 40, 89 Am. Dec. 273 (1866). See also Southwestern R.R. v. Atlantic & G.R.R., 53 Ga. 401 (1874).

When suit, proper for involuntary dismissal, reversed within six months of verdict, second suit saved.

- When a suit which was not in fact nonsuited (now involuntarily dismissed), but which might properly have been is reversed in equity within six months of the verdict, the second suit will be held within the rule of this statute and saved from the statute of limitations. Jordan v. Faircloth, 27 Ga. 372 (1859) (see O.C.G.A. § 44-5-173).

For an illustration of a nonsuit (now involuntary dismissal), see McLaren v. Irvin, 63 Ga. 275 (1879).

Cited in Ewing v. Tanner, 184 Ga. 773, 193 S.E. 243 (1937); Harris v. Mandeville, 195 Ga. 251, 24 S.E.2d 23 (1943); Blanton v. Moody, 265 F.2d 533 (5th Cir. 1959); Georgia Power Co. v. Gibson, 226 Ga. 165, 173 S.E.2d 217 (1970).

Am. Jur. 2d.

- 3 Am. Jur. 2d, Adverse Possession, §§ 96, 109, 110, 149, 171, 201 et seq. 27A Am. Jur. 2d, Equity, § 124 et seq. 51 Am. Jur. 2d, Limitations of Actions, § 222.

C.J.S.

- 2 C.J.S., Adverse Possession, §§ 201, 283, 293.