Action arising out of general plan between parties must be asserted in one action.

- Where proceeding to enjoin an action against plaintiff to cancel a sale of plaintiff's property by defendant as well as the note on which the defendant is suing arose out of same general plan between the parties to develop and operate a recreational place, defendant in action on note by answer and counterclaim must assert all his claims for legal and equitable relief arising out of the general plan between the parties, and could not bring an independent action to enjoin action on the note and litigate those matters. Clay v. Smith, 207 Ga. 610, 63 S.E.2d 602 (1951).

Where a trover action was filed in a superior court, and thereafter the defendant filed, in a different superior court, an equitable action, to enjoin the trover action, and for other relief, so far as the petition alleged any defense or cause of complaint against any of the parties named as defendants, the same could have been asserted as effectually by way of defense or counterclaim in the trover proceeding, and the allegations did not show any necessity for an independent equitable action. Hamilton v. First Nat'l Bank, 180 Ga. 820, 180 S.E. 840 (1935).

After an ancillary petition seeking possession of property is filed, the court may cause other parties to be made, where they are asserting some rights affecting the property and while a claimant in possession may not be subject to summary dispossession by the sheriff under the warrant sued out, the superior court has authority, under its broad powers, to make the claimant a party in order to settle the rights of all parties in one action, without remitting the petitioner in the ancillary proceeding to a common-law action of ejectment. Voyles v. Federal Land Bank, 182 Ga. 569, 186 S.E. 405 (1936).

Ancillary issues triable in dispossessory proceeding.

- While § 9-13-175 forbids a sheriff to put a purchaser in possession of land sold by him, when another person is in possession and has held it adversely to the defendant in fi. fa. from a time before the judgment against such defendant, the purchaser, when brought into equity by the party in possession, may, by answer and counterclaim, make such issues as to fraudulent and collusive title as necessarily would arise in an action of ejectment between the same parties. Voyles v. Federal Land Bank, 182 Ga. 569, 186 S.E. 405 (1936).

An ancillary petition may be filed after as well as before a decree to enable a superior court to effectuate its own decree by ordering one put in possession of property where entitled thereto under its original decree, in order to avoid the further litigation of questions once settled between the same parties. Voyles v. Federal Land Bank, 182 Ga. 569, 186 S.E. 405 (1936).

Cited in McCall v. Fry, 120 Ga. 661, 48 S.E. 200 (1904); McMillian v. Spencer, 162 Ga. 659, 134 S.E. 921 (1926); O'Leary v. Costello, 169 Ga. 754, 151 S.E. 487 (1930); Tanner v. Wilson, 183 Ga. App. 53, 187 S.E. 625 (1936); Hicks v. Atlanta Trust Co., 187 Ga. 314, 200 S.E. 301 (1938); Hoxie v. Americus Auto. Co., 73 Ga. App. 686, 37 S.E.2d 808 (1946); Georgia Power Co. v. Mayor of Athens, 206 Ga. 513, 57 S.E.2d 573 (1950).

Am. Jur. 2d.

- 27 Am. Jur. 2d, Equity, §§ 19, 194-210.

ALR.

- Power of equity in absence of statute to render deficiency judgment in foreclosure action, 34 A.L.R. 1015.