Douglas v. Johnson
Supreme Court of Georgia
Partition. Before Judge Spence. Worth superior court. April ■22, 1097. Mrs. Para Johnson filed her petition in the superior court of Worth county for the partition of a certain tract of land in that county, alleged to have been conveyed in 1888 by her grandfather ■“to the'wife and children of his son, David Johnson.”
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Partition. Before Judge Spence. Worth superior court. April ■22, 1097. Mrs. Para Johnson filed her petition in the superior court of Worth county for the partition of a certain tract of land in that county, alleged to have been conveyed in 1888 by her grandfather ■“to the'wife and children of his son, David Johnson.” It is alleged that the petitioner was a daughter of said David Johnson, and that the defendants, Mrs. Anna Douglas (formerly Mrs. Anna Johnson) and Mrs. Ava Bouse and Miss Davie Johnson were his wife and remaining children respectively, the two latter being minors, aged 20 and 16…
1Opinion of the CourtAtkinson, J.
1. The venue of a statutory proceeding for the partition, of land is the county where the land lies. Civil Code, § 4786.
2. In such a proceeding, a minor at interest, over the age of 14 years, who has no guardian, may be served personally, but the minor would not become a party, and the writ of partition should not be ordered to issue, before a guardian ad litem has been appointed by the court, .and the appointment accepted by the guardian ad litem, in the manner .and form directed in Civil Code, § 4987. See, in this connection, Maryland Casualty Co. v. Lanham, 124 Ga. 859, 861 (53 S. E. 395).
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2Cases cited2 opinions
- Ewing v. ShropshireSupreme Court of Georgia · 1888
- Maryland Casualty Co. v. LanhamSupreme Court of Georgia · 1906
3Cited by18 opinions
- Thomas v. OwensSupreme Court of Georgia · 1908
- Miller v. LuckeySupreme Court of Georgia · 1909
- Cates v. DuncanSupreme Court of Georgia · 1935
- Brown v. AndersonSupreme Court of Georgia · 1938
- Jones v. Federal Land Bank of ColumbiaSupreme Court of Georgia · 1939
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