Palmer v. Hinson , 201 Ga. 654 ( 1946 )

I think that the defendant's general denial of the plaintiff's allegation as to title was sufficient as a pleading to include the defense of acquiescence, since by establishing such defense the defendant would disprove the plaintiff's alleged cause of action. Accordingly, I dissent from the ruling in the third head note and division. Code, § 81-307; Powell on Actions for Land, 154, 184, §§ 129, 156; Payne v.Ormond, 44 Ga. 514 (4); Blalock v. Thomas, 176 Ga. 407,409 (168 S.E. 13). See also, in this connection, Atlanta,Knoxville Northern Ry. Co. v. Gardner, 122 Ga. 82 (7) (49 S.E. 818); Kaufman v. Young, 35 Ga. App. 135 (1) (122 S.E. 822); Russell v. Bayne, 45 Ga. App. 55 (2), 57 (163 S.E. 290).