131 Ga. 509 | Ga. | 1908
Alice Buchan and others, as heirs-at-law of T. J. Buchan, deceased, brought suit to recover certain land from A.
There is another case before us between the same parties, based on an equitable proceeding, and some reference is made in the briefs to that action, but a demurrable petition in an action of complaint for land can not be saved because there is- pending in the same court another suit of an equitable character between the same- parties and relating to the same subject-matter. The record now under consideration is in no way connected with the other case on its face, and the only reference to the equitable petition is contained in the briefs of counsel.
Judgment affirmed.