CAHOON v. WARD

28306, 28307.

231 Ga. 872 (1974)

204 S.E.2d 622

CAHOON et al. v. WARD et al. CLINE et al. v. WARD et al.

Supreme Court of Georgia.

Decided March 7, 1974.

Rehearing Denied March 21, 1974.


Attorney(s) appearing for the Case

White, Webb & Jewett, C. Lawrence Jewett, for Cahoon.

Swertfeger, Scott, Pike & Simmons, Joseph Szczecko, for Cline.

Hatcher, Meyerson, Oxford & Irvin, Henry M. Hatcher, Smith, Cohen, Ringel, Kohler, Martin & Lowe, William G. Grant, for appellees.


JORDAN, Justice.

This appeal stems from a judgment of the trial court dismissing the complaint for failure to state a claim upon which relief could be granted.

On November 3, 1972, the appellant Cahoon filed his petition in Fulton Superior Court against Cullen M. Ward and Parris D. Bennett, which as amended, alleged substantially as follows: That on July 18, 1970, the defendant Bennett, holder of fee simple title to the subject property in Fulton County, executed...

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