Lowe v. City of Atlanta

ON MOTION FOR REHEARING.

Grice, Justice.

While it is true, as contended by movant, that she was brought into this ease as a defendant by an order of the court at the instance of other parties, over her objection, she filed no exception to the order making her a party, and after this order she filed a cross-action seeking affirmative relief, to wit, cancellation of the tax deeds referred to in the original opinion. It may be true that in the circumstances, having become a party involuntarily, she would not have been required to make a tender of the amount of taxes due before pleading — as in…