Phillips v. Wilson

Head, Justice.

The petition did not refer expressly to the abstract attached, nor was it referred to as an exhibit. “The abstract of title is not a part of the petition in a statutory action for land, unless voluntarily made SO' by the pleader.” Foster v. Rowland, 194 Ga. 845 (22 S. E. 2d 777). The abstract may be amended. Lee v. Houston, 120 Ga. 529 (48 S. E. 129); Dugas v. Hammond, 130 Ga. 87, 94 (60 S. E. 268).

The fact that a plaintiff may sue for the entire fee would not prevent a recovery for an undivided fractional interest. Donalson v. Yeates, 173 Ga. 30, 32 (12) (159 S. E. 856). It was…