Frierson v. Alexander
Supreme Court of Georgia
Practice in Supreme Court. Practice in Superior Court. Equitable Pleadings. Set-off. Dismissal. Before Judge Hammond. Fulton Superior Court’. September Term, 1884. To the report contained in the decision, it is only necessary to add, in connection with the first division thereof, that, after reciting the bridging of the case in ejectment, the filing of the equitable plea, the demurrer thereto, which was overruled, the answer and' amendment to the declaration, the dismissal…
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Practice in Supreme Court. Practice in Superior Court. Equitable Pleadings. Set-off. Dismissal. Before Judge Hammond. Fulton Superior Court’. September Term, 1884. To the report contained in the decision, it is only necessary to add, in connection with the first division thereof, that, after reciting the bridging of the case in ejectment, the filing of the equitable plea, the demurrer thereto, which was overruled, the answer and' amendment to the declaration, the dismissal in vacation, the, petition by defendant to re-instate, and the making of an oral demurrer to the petition, the bill of…
1Opinion of the Court
Blandford, Justice.
The defendant in error, Mrs. Alexander, brought her action of ejectment against the plaintiff in error to recover certain land. Frierson appeared and filed an equitable plea, which was served on Mrs Alexander. This plea alleged that he was the owner of the land under a certain bond for titles, made by Mrs. Alexander to Mrs. Averill, which bond had been assigned to him; that no forfeiture had occurred under the bond, because Mrs.. Alexander, after said forfeiture had occurred, if any had, stood by and permitted valuable improvements to be made on the land to the value of…
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