Joel v. Joel

Duckworth, Justice.

(After stating the foregoing facts.) If the petition as amended indicates doubt as to the validity of the title to be acquired by a purchaser at the sale, which would discourage bidders, the demurrer should have been sustained and the petition dismissed. Hill v. McCandless, 198 Ga. 737 (3) (32 S. E. 2d, 774).

The most serious question as to the title arises on account of the restrictions contained in the deed from the original grantor, The Georgia Development Company, and the clause in that deed, to the effect that in the event any of the four express restrictions were…