Morden v. Mullins

Deen, Judge.

1. An appeal will lie to the overruling of a motion for summary judgment. Undercover v. Grantham Transfer Co., 222 Ga. 654 (151 SE2d 765); Parker v. Averett, 113 Ga. App. 576 (149 SE2d 199). The motion to dismiss is denied.

2. A motion for summary judgment will be granted only where the facts conceded by the opposing party or established without contradiction show that a verdict against him would be demanded under all discernible circumstances. Watkins v. Nationwide Mut. Fire Ins. Co., 113 Ga. App. 801 (149 SE2d 749).

3. Co-owners or tenants in common owe to third persons a duty to…