Marriott Hotels of Atlanta, Inc. v. Heart of Atlanta Motel, Inc.

Grice, Justice.

In view of the decision this day rendered in Housing Authority of the City of Atlanta v. Heart of Atlanta Motel, Inc., 220 Ga. 192, ante, holding that denial of the Housing Authority’s plea in abatement was erroneous, it is not necessary to consider the plaintiff in error Marriott’s assignment of error complaining of the overruling of its demurrer. The abatement and consequent dismissal of the petition as against the Housing Authority, grantor of the deed sought to be set aside, inures to the benefit of Marriott, the grantee, since the action cannot proceed against it alone,…