Lynch v. Harris County

Atkinson, Presiding Justice.

1. Since adoption of the Code of 1863 “it has been permissible for the defendant in ejectment to set up by way of plea any matter which would avail him in a court of equity. The filing of such a plea ipso facto converts the case into an equitable action. The plaintiff may by an amendment to his declaration set up counter equities.’? Powell on Actions for Land, 129, § 107 (see pp. 86, 88, §§ 60, 61); Code, § 37-901; Charleston & Western Carolina Railway Co. v. Hughes, 105 Ga. 1 (30 S. E. 972, 70 Am. St. R. 17); Atlanta, Knoxville 105 Northern Railway Co. v. Barker,…