113 Ga. 886 | Ga. | 1901
The National Railway Building and Loan Association, claiming to be the owner in fee simple of a certain tract of land, instituted a summary proceeding to eject Johnson therefrom as an intruder. He met this proceeding with a counter-affidavit. Subsequently the plaintiff filed an equitable petition against Johnson, in. which, after setting forth the facts with-regard to the pending action, it was in substance alleged: (1) that Johnson was wholly insolvent and unable to respond to any judgment which might be obtained against him for the rent of the premises; (2) that he was committing waste by cutting and marketing the timber thereon; and (3) that there were different persons who desired to rent portions of the land for the ensuing year, and “ if rented at all, it must be done within a few weeks, as in that time all desirable tenants will have secured homes for another year.” The plaintiff prayed that a receiver he appointed to take charge of the land in controversy pending the litigation; that Johnson be required to yield possession to the receiver, and be enjoined from in any wise interfering with the property; and that the receiver should hold the proceeds derived from the renting of the same subject to the order of the court. Johnson filed an answer in which he denied that he was insolvent and in which he alleged that he was in possession of the premises under a claim of right as the tenant of another. He afterwards offered two amendments to his answer, the contents of which will be hereinafter briefly stated. To both the original answer and the amendments thereto the association demurred. Subsequently, upon a receiver being appointed to take charge of its affairs, he was made a party to the case, and adopted as his own the pleadings theretofore filed by the association. At the interlocutory hearing of the case the court appointed a receiver to take charge of the land in controversy. At the final hearing the demurrer interposed to Johnson’s original answer was overruled, but the amendments thereto were stricken. The plaintiff thereupon filed an amendment, in the nature of a- supplemental bill, averring that the statu
Judgment affirmed.