47 S.E.2d 73 | Ga. | 1948
In a suit against cotenants for an accounting and for rents and profits, the defendants filed a cross-action for partition by sale of the common property. The trial court rendered judgment ordering the land sold and the proceeds retained in the court subject to any lien or judgment obtained in the accounting case. That judgment was excepted to on numerous grounds, among which were that the partitioning feature should not have been tried and the land ordered sold until the defendants surrendered possession and paid the rent due, and upon the further ground that the judgment should not have been rendered before the proceeding for an accounting was tried. These attacks were overruled and the judgment affirmed. Lankford
v. Milhollin,
Judgment affirmed. All the Justices concur, except Bell, J., absent on account of illness, and Wyatt, J., who took no part in the consideration or decision of this case.