Davis v. Flowers

It is stated as a general rule in 3 Enc. PI. & Pr. 357: “ Although the plaintiff may make out by proof a case which entitles him to relief, yet he can have no decree unless the allegations of the bill are adapted to the case proved; for the court pronounces its decree secundum allegata et probata.” See also 21 C. J. 670, § 845; lb. '672, § 855. This court applied the principle in Hickson v. Mobley, 80 Ga. 314, 326 (5 S. E. 495), in which a complainant in her bill expressly disclaimed title to a certain lot of land involved in the controversy. The basis of the disclaimer was certain evidence…