133 Ga. 493 | Ga. | 1909
(After stating the facts). Construing the allegations in the original petition together with those in the amendments, as set out in the statement of facts, it still appears that the plaintiffs in the present case had formerly brought suit against the defendant, W. H. Harris, “to recover their [plaintiffs’] interest in said propertji-, and that they have recovered judgment against the defendant, establishing their rights as they are in the petition above set out, to .wit, that each had title to a 6/35 interest in and to said property.” From the last amendment set forth in the statement of facts it appears that certain parts of the original petition were stricken, but this amendment does not strike out or qualify the original allegation that petitioners had been forced to bring suit against the defendant in this case to recover their interest in said property, and that they have recovered judgment against said W. H. Harris, establishing their rights etc. in the land. In fact the original declaration does not contain the exact allegation which this amendment purports to strike, nor does it appear from the other amendment that the allegations in the original petition are stricken, although it is alleged that the plaintiffs’ right to a present partition of the land “was the only feature of this case settled.” This results in some confusion .as to the exact meaning of paragraph seven of the petition, which contains the allegation as to the former suit to recover the land, and leaves us in some doubt as to the exact reading of that paragraph when effect is given to the amendments. But doubts as to the meaning of certain portions of
Judgment affirmed.