178 Ga. 778 | Ga. | 1934
The petition is by an administrator who seeks to recover property alleged to belong to and debts due to the estate of his intestate. It also seeks to restrain the defendants from incumbering, alienating, .disposing of, or seeking to control the property, and the appointment of a receiver to take charge of the property and to collect the rents. There are several defendants, but the petition is restricted to the one purpose of collecting in assets alleged to belong to the estate, but held adversely thereto, for the purpose of paying debts and for distribution among the heirs.
The petition seeks to recover $4000, based upon a recital in a deed executed under seal, dated November 10, 1928, which showed
The plaintiff in error cites and relies upon the case of Kern v. Herring, 145 Ga. 776 (supra). As stated by Pish, Chief Justice, who wrote the opinion, that case does not conflict with Stansell
The remaining portions of the petition seek to recover separate parcels of real estate and rentals of the same, for the purpose of paying debts of the estate and for distribution among the heirs. That part of the petition is subject to the demurrer based on the ground of misjoinder of parties. “This court has repeatedly decided that multifariousness is an objection not favored by courts of equity. . . And Chancellor Kent, after an able and elaborate review of the leading English authorities, said: ‘The principle to be deduced from these cases is, that a bill against several persons must, relate to matters of the same nature and having a connection with each other, and in which all of the defendants are more or less concerned, though their rights in respect to the general subject of the case may be distinct/” Conley v. Buck, 100 Ga. 187, 193 (28 S. E. 97). While the petition is filed by the administrator of an estate, and all parts of the petition are confined to the one purpose of recovering the property and collection of debts due the estate, there is no allegation of conspiracy among the defend
4. The fourth lieadnote does not require elaboration.
Judgment affirmed m part and reversed in part.