Barton v. Gammell

Nichols, Chief Justice.

Appellants appeal a declaratory judgment of the superior court which held that agreements executed ancillary to warranty deeds conveyed to the defendants easements in the plaintiffs’ property.

We find merit in appellees’ contention that this court lacks jurisdiction because the case is not one "respecting title to land” within the meaning of Art. VI, Sec. II, Par. IV (Code Ann. § 2-3704).

Cases respecting title to land within the meaning of Art. VI, Sec. II, Par. IV of the Constitution of Georgia are actions at law, such as ejectment where plaintiff asserts a *644presently…