Southall v. Carter

Gunter, Justice.

Appellant brought an action in Lowndes Superior Court against defendant-appellee seeking partition of land in Lowndes County owned by them as equal tenants in common. The defendant was a resident of Echols County, and she filed a motion to dismiss the action for improper venue and lack of jurisdiction in the Superior Court of Lowndes County, contending that the statute, Code § 85-1504, which says that a partition action may be brought in the superior court in the county where the land is situated, is unconstitutional.

The trial court agreed with the appellee, found the statute…