Johnson v. Johnson (1977)
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Mincey v. Stamper (1984)
In contrast to the former pleading statutes, whereunder the pleadings were construed against the pleader, pleadings are now to be “so construed as to do substantial justice,” OCGA § 9-11-8 (f), so that it is “allowed and required that decisions be made on the merits and not upon the niceties of pleadings.” Owens v. Cobb County, 230 Ga. 707, 708 ( 198 SE2d 846 ) (1973); Johnson v. Johnson, 240 Ga. 21, 23 ( 239 SE2d 346 ) (1977).
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Lowell v. Bouchillon (1980)
Johnson v. Johnson, 240 Ga. 21, 22 ( 239 SE2d 346 ) (1977) and cits. “ ‘The mere lodgment of a discretionary power of sale in an executor can not destroy an essential quality of the estate in fee of a devisee, where there are no debts or necessity of sale.’ [Cit.]” Hoffman v. Chester, 201 Ga. 447, 452 (2) ( 39 SE2d 857 ) (1946).