DUCKWORTH, Chief Justice.
The petition showing that at the time this action for legal and equitable relief was filed in the lower court, a petition to condemn the property in rem had already been filed, the defendant therein could not decline to litigate and seek to bring a separate action such as here. Code Ann. § 81A-113 (Ga. L. 1966, pp. 609, 625); Johnson v. Fulton County,
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