Kinnon v. Mercer

Quillian, Justice.

J. B. Kinnon brought a suit for declaratory judgment against his daughter Mamie K. Mercer in Ware Superior Court. The petition prayed for no relief except the construction of a warranty deed from the wife of the plaintiff and the mother of the defendant, and a declaration as to whether the deed conveyed a fee simple estate in described lands to the plaintiff or a life estate to the plaintiff and a remainder estate to the defendant. Held:

A1n action for declaratory judgment is not per se an equitable proceeding. Felton v. Chandler, 201 Ga. 347 (39 SE2d 654); Vidalia Production…