DARDEN v. McMILLIAN

36191.

93 Ga. App. 892 (1956)

93 S.E.2d 169

DARDEN et al. v. McMILLIAN et al.

Court of Appeals of Georgia.

Decided May 16, 1956.


Attorney(s) appearing for the Case

Marson G. Dunaway, Jr., for plaintiff in error.

D. B. Howe, Harold L. Murphy, contra.


TOWNSEND, J.

1. Where, as here, a petition alleged that the defendant Walter McMillian did "make a written conveyance purporting to convey to defendant Hester Bennett all marketable saw timber on the land lot" (No. 274 of the 20th District and 3rd Section of Polk County, Georgia), and that "said Walter McMillian knew at the time he made said instrument of conveyance that said lands did not belong to him, and he knew further...

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