Story v. Pope

• Decision Date: 11 July 1949
• Docket Number: 16687.
• Citation: 54 S.E.2d 394,205 Ga. 523
• Parties: STORY v. POPE et al.
• Court: Georgia Supreme Court

54 S.E.2d 394

205 Ga. 523

STORY v. POPE et al.

No. 16687.

Supreme Court of Georgia

July 11, 1949

Chalmers Chapman, Lyons, R. A. Moore, Douglas, for plaintiff in error.

D C. Sapp, Marshall Ewing, Douglas, for defendants in error.

Syllabus Opinion by the Court

HAWKINS Justice.

Lonnie A. Pope filed his suit in ejectment against Emmett L Peterson, in Coffee Superior Court, claiming title to certain land in Coffee County. The defendant, Peterson, filed his plea and answer to that petition, admitting possession of and claiming title to part of the land described in the petition. While this proceeding was pending, Sam Story, the present plaintiff in error, without any order of court permitting him to do so, filed with the Clerk of the Court, his intervention in that cause, in which he alleged that he was the owner of certain described land in Coffee County; that the land sought to be recovered in the case referred to included land of intervenor; that the petitioner and defendant in that case and the intervenor, claimed title to the lands described under a common grantor, and he prayed that the intervention be ordered filed as a part of the record in that case, that he be made a party thereto, and that title to that part of the property claimed by him be decreed to be in him, and that he have such other and further relief as the exigencies of the case might require. On the date that the intervention was marked filed by the Clerk, March 13, 1946, the court entered the following order thereon: 'The within intervention, on motion of counsel for plaintiff in the cause in which intervention was sought, is hereby stricken and dismissed at the cost of intervenor.' That case then proceeded to verdict and decree in favor of the plaintiff therein.

On the 20th day of October, 1948, Sam Story filed in Coffee Superior Court his suit against Lonnie A. Pope and Lee Harris, alias Charlie Harris, seeking a recovery of certain described lands, including a portion of the land involved in the Pope v. Peterson suit above referred to, and seeking to restrain and enjoin certain alleged trespasses thereon by the defendants. To this suit of Story the defendants therein filed their plea of res judicata, wherein they set out the facts above stated with reference to the former litigation between Pope and Peterson and Story's attempt to intervene therein, and attaching thereto as exhibits copies of the petition, answer,...