Burell v. Pirkle

(After stating the foregoing facts.) We are of the opinion that this case falls 'within the ruling in Everett v. Tabor, 127 Ga. 103 (56 S. E. 123, 119 Am. St. R. 324). It was there held: “A defendant in an equitable cause, wherein specific equitable relief is prayed because of his alleged fraud, can not by the- consummation of the fraud pending suit, whereby the particular relief prayed can not be decreed, deprive the court of its jurisdiction of the case; but the court will give such other relief as may be appropriate to the changed status.” In delivering the opinion of the court, which was…