Leggitt v. Allen

This case was taken to the Supreme Court, which ruled that the question of the constitutionality of Code § 85-1511 had been abandoned by the plaintiffs in error, and that there were no equitable features in the case, and transferred it *283to this court. Leggitt v. Allen, 208 Ga. 298 (66 S. E. 2d, 709).

This case originated by an application for statutory partition by sale of the described property and division of the proceeds therefrom among the tenants in common in proportion to their interests. Code, §§ 85-1504—85-1515. However the demurrer raised the question of whether such a partition may be…