Horton v. Brown

If this court’s decision in Harrell v. Gardner, 115 Ga. App. 171, cited in the majority opinion, requires the result reached here then in my opinion it should be re-examined.

*54This is the first time the appellate courts of this state have been confronted with this exact question. A similar factual situation existed in Wrinkle v. Rampley, 97 Ga. App. 453 (103 SE2d 435), but that case turned on the requirement of Code Ann. § 105-1306 that all survivors must sue jointly. The 1960 amendment to this Code section modified this requirement so as to allow suit by fewer than all those having a right of…