177 Ga. 353 | Ga. | 1933
(After stating the foregoing facts.)
The court did not err in overruling the general demurrer
Upon a consideration of the grounds of special demurrer which were overruled, we have reached the conclusion that the court erred in overruling those grounds based upon the contention that the petition was multifarious in that there was a misjoinder of causes of action, and that there was a misjoinder of parties defendant. Longino, as executor of Mrs. Martha A. Bearden, had no interest in the alleged cause of action set up in the petition against his codefendant, John Franklin Thompson. In paragraph 4 of the petition an attack is made upon a deed made by Mrs. Bearden to Thompson, conveying the real estate described in that paragraph. The deed was made before Longino, as executor, represented Mrs. Martha Bearden’s estate, and he is certainly not liable to the plaintiff to account for any rents or profits of the said real estate. And, without taking up and settling the cause of action stated in this petition against Mrs. Sarah Hutson, against George W. Colquitt, and against J. C. Burrell, it is equally clear, from reading the paragraphs of the petition which relate to transactions between Mrs. Martha Bearden and the last three named defendants, that Longino had no interest in any of those transactions, and he should not be compelled to join in a defense as against the attacks made in the paragraphs referring to those other defendants. He would be hampered in his defense and required to ascertain facts and relationships in which he was in no wise concerned.
We do not pass in this case upon certain other grounds of the special demurrer; as, for instance, whether or not the allegations as to Mrs. Martha A. Bearden’s mental incapacity to make a will are sufficient to withstand the criticisms of the special demurrer based
Judgment reversed.