114 Ga. 127 | Ga. | 1901
J. H. Spier brought suit against George W. Satterfield as administrator of Mrs. Emily P. Stegall, as principal, and George - W. Satterfield individually, as security, on two promissory notes. Pending the suit the plaintiff died, and his executrix, Mary Spier, was made a party plaintiff in bis stead. To the action Satterfield as administrator filed the following defenses: (1) There was a suit pending between the same parties relating to the same subject-matter, which at the date of the plea was pending in the Supreme Court on writ of error. (2) The consideration of the note sued on was the
Attached to the plea was a copy of the record in the case of Satterfield v. Spier, referred to in the first paragraph of the plea filed by the defendants, which was pending in the Supreme -Court on writ of error at the time the plea -was filed. This proceeding appears to have been an equitable petition brought by Satterfield, individually and as administrator of Mrs. Stegall, against Spier and others, in which it was prayed that the court construe the bond for titles to mean that forty acres should be laid off in a described way set forth in the prayer, and if the court should not be able to so construe the bond as it was written, it be so reformed as to amount to a contract on the part of Spier to convey forty acres in the manner described; and that if forty acres can be laid off only in land embraced in a triangular shape, petitioner be held to be discharged from liability as surety on the notes, and that a failure of consideration, to an amount stated, be adjudged in favor of his intestate’s estate and deducted from the notes; and that Spier be enjoined from prosecuting any of the notes, except as he may set up the same in his answer to the petition. There was also a prayer for' general relief. To this petition the defendants interposed a demurrer upon the following grounds: No cause of action is set
Judgment reversed.