Freeman v. Fillingame

476 S.E.2d 264, 267 Ga. 168, 96 Fulton County D. Rep. 3458, 1996 Ga. LEXIS 722

• Court: Supreme Court of Georgia
• Decided: October 7, 1996
• Docket: S96A1498
• Status: Published

Opinion

Fletcher, Presiding Justice.

The heirs of Bartemus Freeman seek to restrain Alice F. Fillingame from cutting timber on 3.575 acres of land. Although the Free-mans claim that their father obtained the land in the 1950s, they present no evidence of title. In a previous action between the same parties or their privies, the superior court found that Fillingame was the owner of fee simple title to the disputed property and the Free-mans did not appeal. Since that action decided the issue of title in Fillingame’s favor, the trial court properly dismissed the Freemans’ complaint for a preliminary restraining order on the grounds of res judicata. See OCGA § 9-12-40. Therefore, we affirm.

Judgment affirmed.

All the Justices concur.