Lingo v. Worcester County Institution for Savings

Benham, Judge.

When appellant was notified by the attorneys for appellee that the non-resident appellee was initiating foreclosure proceedings against appellant’s property, appellant asked the superior court of the county in which the land was located to restrain and enjoin appellee from selling the property. After conducting a hearing, the trial court granted appellee’s motion to dismiss for lack of jurisdiction based on improper venue.

“Equity cases shall be tried in the county where a defendant resides against whom substantial relief is prayed.” Georgia Constitution 1983, Art. VI, Sec. II,…