Sirmans v. Allen

221 Ga. 703 (1966)

146 S.E.2d 761

SIRMANS

v.

ALLEN, Executor, et al.; and vice versa.

23273, 23274.

Supreme Court of Georgia.

Submitted December 14, 1965.

Decided January 6, 1966.

Rehearing Denied January 18, 1966.

W. D. Knight, E. R. Smith, Sr., for appellant.

J. Lundie Smith, John W. Langdale, for appellees.

DUCKWORTH, Chief Justice.

It appearing from the pleadings, the evidence — none of which contradicts the records in the lower court — and the motion for summary judgment that the appellant-plaintiff had previously filed a bill in equity against the defendants, now cross appellants and appellees,…