Stone v. Benton

Gregory, Justice.

Appellant Stone and appellee Benton are tenants in common of land located in Cobb County. Stone, a Montana resident, sued her sister Benton in Benton’s home county of Jasper. Stone sought an equitable partition by sale of the land.

Benton filed a motion to dismiss, arguing that because Stone had an adequate remedy at law in Cobb County under OCGA § 44-6-160 et seq., Stone could not pursue the equitable remedy. The trial court granted Benton’s motion, and Stone appealed.

Stone contends that OCGA § 44-6-166.1 provides that a co-owner of land can buy out another co-owner’s…