Jackson v. Jackson

Duckworth, Chief Justice.

1. The plaintiff in error, having conceded in his brief that he was not entitled to recover in ejectment, no longer complains as to this aspect of the case and, for this reason, this court' will not concern itself with count one of the petition. Hill v. Merritt, 146 Ga. 307 (91 S. E. 204); Ward v. Speer, 153 Ga. 29 (111 S. E. 411); Trustees, Jesse Parker Williams Hospital v. Nisbet, 191 Ga. 821 (14 S. E. 2d, 64); Barnes v. Bell, 206 Ga. 660 (58 S. E. 2d, 400).

2. The evidence showing that there were other heirs who would be necessary parties to partitioning, but who…