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SMITH v. SMITH

50896.

135 Ga. App. 681 (1975)

218 S.E.2d 682

SMITH v. SMITH.

Court of Appeals of Georgia.

Decided September 4, 1975.

Attorney(s) appearing for the Case

M. Francis Stubbs, Richard D. Phillips, for appellant.

B. Avant Edenfield, Kenneth McBurnett, for appellee.

STOLZ, Judge.

The defendant appeals the denial of his motion for summary judgment in this suit for damages resulting from a shortage of acreage in conveyances from the defendant to plaintiff's predecessors in title.

1. Plaintiff's second amendment filed subsequent to the filing of the notice of appeal is a nullity and is not considered in this decision. D. P. v. State of Ga., 129 Ga.App. 680 (1) (

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