44 S.E.2d 114 | Ga. | 1947
1. It is the general rule that a party will not be decreed partition if it would be contrary to his own agreement.
2. The petition, seeking an equitable partition of land with a building thereon, but showing by a copy of contract attached to the petition that, in the event either tenant in common "wishes to sell or otherwise dispose of his half interest in the lot and building," the other tenant in common "shall have the first option of purchasing" such interest at a price not to exceed the original investment of the seller, and failing *609 to allege that the provision of the contract had been complied with by affording the defendant an opportunity to purchase the petitioner's interest under the terms of the contract, did not set forth a cause of action for partition, and the court erred in overruling the defendant's general demurrer.
Judgment reversed. All the Justices concur, except Wyatt, J.,who took no part in the consideration or decision of this case.