Pugh v. Moore

Atkinson, Presiding Justice.

(After stating the foregoing facts.)

1. The defendants demurred on the ground that the petition discloses no right on the part of the petitioner to appear for or act in behalf of Varo, who under the allegations of the petition was not in any way incapacitated or incapable of acting for himself.

In Horn v. Towson, 163 Ga. 37 (135 S. E. 487), this court said: “Every tenant in common has the right to possess the joint property; and if he does not receive more than his share of the rents and profits thereof, he is not liable to his cotenant. . . [Code, §§ 85-1003,…