Hunnicutt v. Archer

1. The court erred in dismissing the petition upon the ground that the petition was brought more than twelve years after the execution of the deed sought to be reformed, and that for this reason the plaintiff’s cause of action-was barred by laches or the statute of limitations.

(а) To avail himself of such defense, a party must plead it. Parker v. Irvin, 47 Ga. 405; So. Ry. Co. v. Wells, 103 Ga. 209 (29 S. E. 714).

(б) A party in possession is not too late to move for reformation of a deed under which she claims title and right to possession until her possession is sought to be disturbed. Wall…