Lankford v. Milhollin

Bell, Chief Justice.

(After stating the foregoing facts.)

Under the practice in this State, there is no requirement for service of a cross-action or answer praying for affirmative relief which is germane to the original petition. Shorter v. Shorter, 150 Ga. 109 (a) (102 S. E. 863). This statement accords with the decisions in Brown v. Tomberlin, 137 Ga. 596 (73 S. E. 947), and Terry v. Ellis, 189 Ga. 698 (7 S. E. 2d, 282). Where tenants in common sue their cotenants for an accounting for rents and profits, *233and a cross-action is filed by tbe latter seeking partition of the common property by…