11 S.E.2d 14 | Ga. | 1940
In order to maintain the action it is essential that the plaintiffs show that they have title or an interest in the land constituting the subject-matter of the suit. For making this necessary showing they rely entirely upon their exhibit F, which is nothing more than an offer, and is binding upon no one unless accepted. Under the ruling in Rivers v. Key,
Judgment affirmed. All the Justices concur.
The defendants filed general demurrers to the petition, which were sustained on June 28, 1939, by an order reciting: "The plaintiffs having requested leave to file an amendment, they are allowed to tender such amendment within 15 days from this date. Unless such amendment is tendered within said time, or unless the amendment when and if tendered is sufficient to set forth a cause of action, then the petition shall stand dismissed as to each of the defendants." On July 12, 1939, the plaintiffs tendered an amendment attempting to meet the grounds of demurrer. It was allowed subject to demurrer and objection. It was therein alleged that the defendants had been in possession of the lands in dispute, and should be required to pay rents to the plaintiffs; and other allegations of fraud and elaboration of certain averments of the petition were made, but no reference was made to the basis of the plaintiffs' title or claim of title to the property in dispute; nor was any fact or circumstance alleged to show any right in the plaintiffs under exhibit F of the original petition. Within the time required by law from the date of the judgment sustaining the demurrer, the plaintiffs by writ of error excepted to that judgment. On that appearance this court held that the plaintiffs, by attempting to meet the ruling on the demurrer by filing an amendment, acquiesced in that judgment, and were estopped to challenge its correctness. Rivers v. Key,