Nalley Land & Investment Co. v. Merchants & Planters Bank

ON MOTION FOR REHEARING.

Jenkins, Justice.

The sole ground of the motion for rehearing *149is that the defendant corporation, in addition to denying liability upon the notes sued on, pleaded that a deed given to secure such notes was null and void, and prayed that it be canceled as a cloud on title, and that its record in the clerk’s office be canceled. See statement of pleadings on the first review of this case, 178 Ga. 818. Therefore the movants contend that since this pleading and prayer converted the suit into one of equitable nature, giving jurisdiction of the writs of error to this court…