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MILLS v. WILLIAMS

17546.

208 Ga. 425 (1951)

67 S.E.2d 212

MILLS et al. v. WILLIAMS.

Supreme Court of Georgia.

Decided October 10, 1951.

Attorney(s) appearing for the Case

Norman I. Miller and Clark Ray, for plaintiffs in error.

Newell Edenfield, contra.

HAWKINS, Justice.

1. While equity jurisdiction ceases where the legislature gives a specific remedy at law (Newton Manufacturing Co. v. White, 47 Ga. 400; Osborn v. Ordinary of Harris County, 17 Ga. 123, (63 Am. D. 230), and while a specific legal remedy for partition is provided by statute (Code, §§ 85-1504 et seq.), and equity will not ordinarily take cognizance of a partition proceeding unless the remedy at law is insufficient...

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