Toland v. Camp
Supreme Court of Georgia
Equitable petition. Before Judge Edwards. Polk superior court. June 20, 1911. The only party named as a defendant residing in the county where the suit was brought was Mrs. Crumbly. The relief prayed was, that two deeds be declared forged and fraudulent, that they be canceled as a cloud on the plaintiff’s title, in so far as they purported to convey any interest in lot 250, and that the plaintiff be decreed to have the true title to the entire mineual interest in that lot.
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Equitable petition. Before Judge Edwards. Polk superior court. June 20, 1911. The only party named as a defendant residing in the county where the suit was brought was Mrs. Crumbly. The relief prayed was, that two deeds be declared forged and fraudulent, that they be canceled as a cloud on the plaintiff’s title, in so far as they purported to convey any interest in lot 250, and that the plaintiff be decreed to have the true title to the entire mineual interest in that lot. One of these deeds appeared to be from John C. Merritt to Thomas W. Mitchell; it was dated October 27. 1900, and recorded…
1Opinion of the CourtHill, J.
Where it appears from the face of an equitable petition thap, it does not pray for substantial relief against any party litigant who to a resident of the county in which the suit is brought, the superior court of the county where such petition is filed is without jurisdiction of the case, and it is error for the trial judge to overrule a demurrer filed thereto on that ground. Orr Shoe Co. v. Kimbrough, 99 Ga. 143 (25 S. E. 204); Fleetwood v. Dees, 80 Ga. 729 (7 S. E. 102). See Hamilton v. DuPre, 111 Ga. 819 (35 S. E. 684).
Judgment reversed.
All the Justices concur. W. E. Terrell, for plaintiff…
2Cases cited14 opinions
- Blaisdell v. BohrSupreme Court of Georgia · 1881
- Railroad Commission v. Palmer Hardware Co.Supreme Court of Georgia · 1906
- Pierce v. Middle Georgia Land & Lumber Co.Supreme Court of Georgia · 1908
- Hamilton v. DuPreSupreme Court of Georgia · 1900
- Beall v. BlakeSupreme Court of Georgia · 1854
9 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- First National Bank v. HoldernessSupreme Court of Georgia · 1940
- Williamson v. Perret's Farms, Inc.Court of Appeals of Georgia · 1973
- Screven County v. ReddySupreme Court of Georgia · 1952
- Huckabee Auto Co. v. NorrisSupreme Court of Georgia · 1940
- Smith & Co. v. WoolardSupreme Court of Georgia · 1917
3 more not listed; retrieve them via the Exa API.