Opinion
17507.
SUBMITTED JUNE 12, 1951.
DECIDED JULY 9, 1951.
Petition for injunction. Before Judge Rowland. Laurens Superior Court. April 5, 1951.
C. C. Crockett, for plaintiff.
R. I. Stephens, for defendant.
1. "Generally speaking a complaint in ejectment is sufficient if it contains averments that the plaintiff is entitled to possession and that the defendant wrongfully or unlawfully keeps him out of possession." Kauffman v. Deese, 205 Ga. 841 (3), ( 55 S.E.2d 358), and citations.
2. The amendment to the present petition met and cured the deficiencies pointed out by the special demurrer.
3. The petition as amended set out a cause of action, and the trial court erred in sustaining the defendant's general and special grounds of demurrer.
Judgment reversed. All the Justices concur.
No. 17507. SUBMITTED JUNE 12, 1951 — DECIDED JULY 9, 1951.
This is a suit to recover land and mesne profits. Mary Carroll Hester filed in Laurens Superior Court, against Sarah W. Carroll, a petition which as amended alleged substantially the following: The petitioner is the owner of a described house and lot in Dublin, Georgia. Pearl Carroll owned and was in possession of the property by deed dated December 10, 1936. The defendant claims that Pearl Carroll owned the property until her death in 1939, and died owning the same. The petitioner claims ownership under a deed dated October 15, 1950, from the sole heirs at law of Pearl Carroll. For some time the petitioner's father, James L. Carroll, lived on the premises by permission of the owner. The defendant lived with him as his wife and at his death, several months prior to the filing of the present petition, she continued to live on and occupy the premises. However, the defendant was not a lawful wife of James L. Carroll, as he had a living wife up to the time of his death. The rental value of the property is about $20 a month. The defendant refused to deliver possession or to pay the profits therefrom to the petitioner.
General and special demurrers were interposed by the defendant to the petition as amended. The trial court sustained the demurrer on all the grounds therein stated and dismissed the action. The petition excepted to this judgment.