Ballenger v. Houston

Almand, Justice.

“Equity has jurisdiction in cases of par tition, whenever the remedy at law is insufficient, or peculiar circumstances render the proceeding in equity more suitable and just.” Code, § 85-1501. “Where matter of account against an insolvent cotenant for past profits of the land is involved, and where partition of the premises cannot be made without a sale, equity has jurisdiction to decree partition and account. The element of account and insolvency will give equity jurisdiction.” Lowe v. Burke, 79 Ga. 164, 165-66 (3 S. E. 449). See also Cates v. Duncan, 181 Ga. 686 (1) (183 S.…