Hawkins v. Pierotti

Supreme Court of Georgia

Hawkins v. Pierotti

208 S.E.2d 452, 232 Ga. 631, 1974 Ga. LEXIS 1035

CourtSupreme Court of Georgia

DecidedSeptember 3, 1974

Docket28843

StatusPublished

Cited by9 cases

This text of 208 S.E.2d 452 (Hawkins v. Pierotti) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hawkins v. Pierotti, 208 S.E.2d 452, 232 Ga. 631, 1974 Ga. LEXIS 1035 (Ga. 1974).

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Opinion

Grice, Chief Justice.

An action by a grantor to cancel a deed conveying land, which she alleges was obtained from her by the grantees by fraud and coercion, is not a suit respecting the title to land within the meaning of the Constitution, Art. VI, Sec. XIV, Par. II (Code Ann. § 2-4902), but is an equitable action, and must be brought in the county of the residence of the defendants, as required by the Constitution, Art. VI, Sec. XIV, Par. III (Code Ann. § 2-4903). Saffold v. Scottish-American Mortg. Co., 98 Ga. 785, 787 (27 SE 208); Frazier v. Broyles, 145 Ga. 642 (89 SE 743); Chosewood v. Jones, 146 Ga. 804 (92 SE 646). The trial judge did not err, therefore, in sustaining the plea to the jurisdiction of the defendants, residents of DeKalb County, in this equitable action filed in the Superior Court of Fulton County.

Judgment affirmed.

All the Justices concur.

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Grice, Chief Justice.

An action by a grantor to cancel a deed conveying land, which she alleges was obtained from her by the grantees by fraud and coercion, is not a suit respecting the title to land within the meaning of the Constitution, Art. VI, Sec. XIV, Par. II (Code Ann. § 2-4902), but is an equitable action, and must be brought in the county of the residence of the defendants, as required by the Constitution, Art. VI, Sec. XIV, Par. III (Code Ann. § 2-4903). Saffold v. Scottish-American Mortg. Co., 98 Ga. 785, 787 (27 SE 208); Frazier v. Broyles, 145 Ga. 642 (89 SE 743); Chosewood v. Jones, 146 Ga. 804 (92 SE 646). The trial judge did not err, therefore, in sustaining the plea to the jurisdiction of the defendants, residents of DeKalb County, in this equitable action filed in the Superior Court of Fulton County.

Judgment affirmed.

All the Justices concur.

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Bluebook (online)

208 S.E.2d 452, 232 Ga. 631, 1974 Ga. LEXIS 1035, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hawkins-v-pierotti-ga-1974.

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