149 Ga. 825 | Ga. | 1920
Several of the heirs at law of the grantor in a security deed to land instituted an action against a remote grantee of the grantee in that deed. The petition also named as parties defendant certain persons alleged to be heirs at law of one of the heirs of the grantor in the security deed, but none of the persons so named answered. It was alleged, in the petition as amended, that the defendant who apswered and his predecessor had entered possession under a pretended sale conducted by the grantee in the security deed under a power contained therein; that the sale was void; and that the purchaser thereunder and his successors, having notice of the facts which rendered the sale void, acquired and held possession subject to the right of the heirs at law of the grantor to pay the secured debt and have reconveyance of the property. The amount of the debt was stated. It was further alleged, that the annual rents of the land amounted to a specified sum which
The petition also alleges that the rents, issues, and profits received by the defendant were more than sufficient to discharge the debt. The petition ivas not subject to general demurrer on the ground that plaintiffs did not offer to do equity by paying to the defendant the amount of the security deed, or on the ground that there was no equity in the petition and no cause of action was set forth. In so far as any of the grounds of the special demurrer were meritorious, they were met by amendment.
Judgment reversed.