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PAYNE v. JONES

18815.

211 Ga. 322 (1955)

86 S.E.2d 3

PAYNE v. JONES, executrix.

Supreme Court of Georgia.

Decided February 14, 1955.

Attorney(s) appearing for the Case

Hammond Johnson, Johnson & Johnson, for plaintiff in error.

Telford, Wayne & Smith, contra.

HEAD, Justice.

1. The defendant contends that the petition filed in the superior court by Mrs. Payne, seeking approval by the court of the contract to convey her one-half interest in the property now sought to be partitioned, established the contract between the parties as alleged in his answer. The allegations of the petition of Mrs. Payne are sufficient to show that, at the time of the filing of such petition, there was an existing contract. Murray County

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