148 Ga. 301 | Ga. | 1918
1. In order for the pendency of a former suit to be the basis of a plea in abatement to a subsequent suit, both suits must be for the same cause of action and between the same parties. Consequently, where ejectment was brought against certain defendants, and pending the suit in the same court an equitable petition was brought by the same plaintiff against one of the same defendants, and two others who were privies in estate to him, for specific performance of a parol contract alleged to have been entered into between the plaintiff and the intestate of one of the defendants, whereby the intestate agreed, upon certain alleged valuable consideration, that she would by deed or will leave certain real estate to the plaintiff, who prayed for specific performance against the administrator to compel the execution of titles to the plaintiff to the real estate, and to enjoin the privies in estate of one of the defendants from cutting timber on the land in controversy, it was error, on the trial of the issue formed by the plea in abatement, to allow the introduction of the former suit in evidence, and to direct a verdict sustaining the plea, and to enter judgment thereon.
2. There was no error in overruling the demurrer to the petition as amended.
Judgment reversed on the main bill of exceptions, and affirmed on the cross-bill.