27 Ga. 372 | Ga. | 1859
By the Court.
delivering the opinion.
The Court below overruled the motion to dismiss the bilL
The grounds of the motion, as urged here, were three.
1. That the title of the complainants, if they had any, was a title they might assert at law.
2. That what was relied on by the complainants’ as title, was no title, either at law or in equity, because it had once been asserted at law, and been adjudged there, to be no title.
3. That if it had ever been a title, it was now barred by the statute of limitations.
As to the first of these grounds :
And, in the present case, the complainants if entitled to the land, are entitled to have a conveyance of it, made to them, by Jordan.
This first ground, then, we think, not good.
As to the second ground: .
As to the third ground :
So, wo think, that there was no validity in this the third and last ground. And thus we think that none of these grounds were sufficient to show that there was no equity in the bill. And we know of none ourselves that is sufficient to show that. Therefore we see no error in the judgment overruling the motion.
The next question is, as to the refusal of the Court to let the bill be taken as confessed in the parts which, Jordan, on exceptions to his answer, was required to answer over.
We think, then, that the Court was also right, on this question.
The next and last question is, as to the sufficiency of the exceptions to the answer of the administrator of Jordan.
These exceptions are not to be found in the record. So we cannot decide the question.
Judgment affirmed.