Mitchell v. Mitchell

Even though the property awarded to the defendants was not conveyed by deed to Richard Mitchell, the majority affirms the award by relying on the principle that equity jurisdiction “is established and allowed for the protection and relief of parties where, from any peculiar circumstances, the operation of the general rules of law would be deficient in protecting from anticipated wrong or relieving for injuries done.” OCGA § 23-1-3. However, “[e]quity is ancillary, not antagonistic, to the law; hence, equity follows the law where the rule of law is applicable and follows the analogy of the law…