Howard v. Pate

Supreme Court of Georgia

Howard v. Pate

130 S.E.2d 752, 218 Ga. 741, 1963 Ga. LEXIS 317

CourtSupreme Court of Georgia

DecidedMarch 25, 1963

Docket21976

StatusPublished

Cited by6 cases

This text of 130 S.E.2d 752 (Howard v. Pate) 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

Howard v. Pate, 130 S.E.2d 752, 218 Ga. 741, 1963 Ga. LEXIS 317 (Ga. 1963).

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Opinion

Duckworth, Chief Justice.

This intervention in a condemnation proceeding, where the land has been taken and the purchase money paid into court, seeks only to subject the funds to the intervenor’s claim because of an alleged fraudulent conveyance of the land in question by intervenor’s judgment-debtor to the person in whom title reposed when condemned. Thus the title to the land is not directly involved, but incidentally, which is not enough to give this court jurisdiction, nor does it otherwise come- within this court’s jurisdiction. Code Ann. § 2-3704 (Const. of 1945); Grant v. Oakey, 218 Ga. 723; Boswell v. Underwood, 217 Ga. 675 (124 SE2d 394), and cases cited therein. The allegations and prayers do not, under Code §§ 28-102, 28-103, and Durden v. Royster Guano Co., 158 Ga. 234 (123 SE 603), put the case within the jurisdiction of the Supreme Court.

Transferred to the Court of Appeals.

All the Justices concur.

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Duckworth, Chief Justice.

This intervention in a condemnation proceeding, where the land has been taken and the purchase money paid into court, seeks only to subject the funds to the intervenor’s claim because of an alleged fraudulent conveyance of the land in question by intervenor’s judgment-debtor to the person in whom title reposed when condemned. Thus the title to the land is not directly involved, but incidentally, which is not enough to give this court jurisdiction, nor does it otherwise come- within this court’s jurisdiction. Code Ann. § 2-3704 (Const. of 1945); Grant v. Oakey, 218 Ga. 723; Boswell v. Underwood, 217 Ga. 675 (124 SE2d 394), and cases cited therein. The allegations and prayers do not, under Code §§ 28-102, 28-103, and Durden v. Royster Guano Co., 158 Ga. 234 (123 SE 603), put the case within the jurisdiction of the Supreme Court.

Transferred to the Court of Appeals.

All the Justices concur.

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Bluebook (online)

130 S.E.2d 752, 218 Ga. 741, 1963 Ga. LEXIS 317, Counsel Stack Legal Research, https://law.counselstack.com/opinion/howard-v-pate-ga-1963.

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