Defloreo v. Tarvin

Reid, Chief Justice.

A tenant has an adequate remedy at law by which he may resist or contest a dispossessory-warrant proceeding (Code, § 61:303), and equity will not interfere with such regular process. Johnson v. Thrower, 117 Ga. 1007 (44 S. E. 846); Napier v. Varner, 149 Ga. 586 (101 S. E. 580). But if the primary purpose of a petition in equity is to obtain specific performance of a contract of purchase, equity will entertain the petition, and pending its determination may properly stay the dispossessory proceedings. In Harvey v. Atlanta & Lowry National Bank, 164 Ga. 625 (2) (139 S. E.…