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BALLENGER v. HOUSTON

17279.

207 Ga. 438 (1950)

62 S.E.2d 189

BALLENGER v. HOUSTON.

Supreme Court of Georgia.

November 14, 1950.

Attorney(s) appearing for the Case

Gleason & Painter and A. W. Cain, for plaintiff.

G. W. Langford, for defendant.

ALMAND, Justice.

"Equity has jurisdiction in cases of partition, whenever the remedy at law is insufficient, or peculiar circumstances render the proceeding in equity more suitable and just." Code, § 85-1501. "Where matter of account against an insolvent cotenant for past profits of the land is involved, and where partition of the premises cannot be made without a sale, equity has jurisdiction to decree partition and...

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