GAULDEN v. MILLS

32589.

240 Ga. 4 (1977)

239 S.E.2d 3531

GAULDEN et al. v. MILLS.

Supreme Court of Georgia.

Decided October 21, 1977.


Attorney(s) appearing for the Case

Mary M. Young, for appellants.

John R. Rogers, for appellee.


HILL, Justice.

The defendants in this partition case sought to defend on the ground that the plaintiff acquired his interest in the land from defendants' brother and sister (who are not parties) by fraud, undue influence and grossly inadequate consideration. The trial court struck that defense and ordered the property sold. Defendants appeal.

A defendant co-tenant cannot defeat partition on the ground that the co-tenant seeking partition acquired his interest...

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