176 Ga. 714 | Ga. | 1933
This was a suit for land, brought by Cairo Banking Company against E. J. Brinson and T. T. Mills. Facts were ;. alleged which-showed title in the plaintiff. In their answer .the defendants denied that title was vested in the plaintiff, and averred
There was no error in overruling the demurrer. Mrs. Brinson was not a party to the suit, and will not be affected by any judgment that may be rendered. The plaintiff, under the allegations of the petition, could have shown, if Mills had submitted evidence to show any apparent title in himself by reason of a transfer of a bond for title from Mrs. Brinson to himself, that Mrs. Brinson had no right, title, or interest that she could transfer, and thus have shown that Mills had no title as against the plaintiff. And the fact that the plaintiff made clear, by a replication, its title as against Mrs. Brinson did not make it incumbent upon the plaintiff to join Mrs. Brinson as a party. It was seeking to combat an outstanding title which the defendants apparently were seeking to set up. If the defendants had wished Mrs. Brinson to be made a party, they might have vouched her' into court. This decides the only question argued in the brief of the plaintiffs in error.
Judgment affirmed.