127 Ga. 786 | Ga. | 1907
(After stating the foregoing facts.)
The plaintiff properly brought her equitable action for the re
The defendant set np in one paragraph of his plea that he had ■“expended large sums of money in repairing said place, in having rails split and making fences, clearing up briars, sedges, logs, and trash, and repairing horse lot, yard fence, and chimneys; in fact the place was scarcely inhabitable when defendant got possession, .and now it looks like a new place, with fruit trees trimmed, cross-fences built, and sedge rows cleaned up.” But this portion of the plea was specially demurred to on the ground that it was “too indefinite and general, and not specific enough to be the basis of any charge upon said estate or against the plaintiff,” — -an exception which seems to be well taken. But even when well pleaded, ■such matter could not be set up in bar of the right of recovery of the homestead lands themselves, no question, as we have seen, •of mesne profits being involved.
Judgment affirmed.