Carten v. Loveless

Grice, Justice.

The special plea, called by counsel for plaintiff in error a plea of res judicata, and designated by counsel for defendant in error a plea of estoppel, was stricken on motion. The correctness of this ruling raises only the question whether the plea was good in substance, since a motion to dismiss can reach no further than a general demurrer. The petition filed in DeKalb superior court sought to reform certain instruments and documents relating to a certain three-thousand-dollar loan made to McCollum, and particularly the deed given to secure the loan. It was prayed that the…