Hughes v. Cobb

1. A defect in a petition resulting from nonjoinder of proper parties can not be taken advantage of by a general demurrer. As to such matters a special demurrer is necessary. Greenwood v. Starr, 174 Ga. 503 (2) (163 S.E. 500); Grant v. Hart, 192 Ga. 153 (4) (14 S.E.2d 860), and cit. Where there is no administration of the estate of a decedent, a plaintiff may proceed in equity against the heir at law, and persons holding under the decedent. Mims v. Lifsey, 192 Ga. 366 (2) (15 S.E.2d 440). It appearing that there had been no administration of the decedent's estate, and that the defendant as…