Stith v. Hudson

Nichols, Justice.

The plaintiffs filed a complaint in the Superior Court of Fulton County in which they sought to have a tax deed executed in 1939 delivered up and canceled. The defendants filed defenses in which they relied upon Code Ann. §§ 92-8315 and 92-8316 and claimed the plaintiffs’ opportunity to redeem such property had expired more than 18 years before any attempt was made to redeem the property. The plaintiffs then filed motions to strike such defense each of which read in material part as follows: “-A- Said defense attempts to set up as the law of Georgia ‘Georgia Code Annotated,…