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CROW v. WHITFIELD

39234, 39235.

105 Ga. App. 436 (1962)

124 S.E.2d 648

CROW v. WHITFIELD. CROW v. WHITFIELD et al.

Court of Appeals of Georgia.

Decided March 2, 1962.

Attorney(s) appearing for the Case

Stow & Andrews, Robert E. Andrews, for plaintiff in error.

Everett C. Brannon, Sr., contra.

NICHOLS, Presiding Judge.

1. The cases were heard by the judge of the superior court without the intervention of a jury on stipulations that the pleadings were to be considered as evidence. In case number 39235, wherein the application to sell real estate for the purpose of distributing the estate was being resisted, Mercer Crow filed a plea of res judicata and attached as an exhibit the petitions and answers in two former cases as

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