Thomasson v. Coleman

(After stating the foregoing facts.) The con*382troversy to be reviewed on the present writ of error was before this court in a different form in Coleman v. Thomasson, 160 Ga. 81, (supra). In that action the present plaintiffs in error in the main bill of exceptions, claiming to be successors in title to the persons named in item 8 of the will of Ben F. Coleman Sr., instituted an equitable action, alleging that John M. Coleman was dead, his estate in the property terminated, and that a fee-simple title had therefore vested in the petitioners. The petition did not allege that John M. Coleman died…