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HITE v. WALDROP

27936.

230 Ga. 684 (1973)

198 S.E.2d 665

HITE et al. v. WALDROP et al.

Supreme Court of Georgia.

Decided May 31, 1973.

Rehearing Denied June 21, 1973.

Attorney(s) appearing for the Case

Gearinger, Bowles & Petty, H. H. Gearinger, Edge & Edge, John D. Edge, for appellants.

James L. Flemister, Kirby G. Bailey, for appellees.

MOBLEY, Chief Justice.

This appeal is from the grant of a partial summary judgment.

Ida Belle Hite, Ruby B. Thigpen, Bonnie Ethen Neal, and Kirby G. Bailey filed an action for equitable partition against Joe T. Waldrop, Ozelle B. Waldrop, George C. Waldrop, Agnes Odean Waldrop, Norris B. Waldrop, and Edith Irene Waldrop.

The defendants filed a "counterclaim in equity" in which they asserted that two former decisions of this court in cases concerning...

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