Georgia Marble Company v. Tucker

Head, Justice.

1. A petition, alleging merely that a named defendant “claims” or “contends” that it is the owner of an interest in realty owned by the petitioner, falls short of stating a justiciable dispute as , contemplated by section 1 of the Declaratory Judgments Act (Ga. L. 1945, p. 137).

2. Under the rule stated by this court in Mayor &c. of Athens v. Gerdine, 202 Ga. 197 (42 S. E. 2d, 567), the Declaratory Judgments Act does not take the place of existing remedies. “It therefore follows that where there exists a remedy, either in law or in equity, a petition for declaratory judgment will…