HAWKINS, Justice.
On May 21, 1958, Earl Everett filed his petition in Floyd Superior Court, against J. T. Culberson, alleging: that the defendant is a resident of said State and county; that the plaintiff is the owner and claims title to all that tract or parcel of land lying and being in Land Lot 25, of the 23rd District and 3rd Section of Floyd County, Georgia,
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