Kinnon v. Mercer

Supreme Court of Georgia

Kinnon v. Mercer

149 S.E.2d 685, 222 Ga. 309, 1966 Ga. LEXIS 464

CourtSupreme Court of Georgia

DecidedJune 23, 1966

Docket23505

StatusPublished

Cited by6 cases

This text of 149 S.E.2d 685 (Kinnon v. Mercer) 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

Kinnon v. Mercer, 149 S.E.2d 685, 222 Ga. 309, 1966 Ga. LEXIS 464 (Ga. 1966).

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Opinion

Quillian, Justice.

J. B. Kinnon brought a suit for declaratory judgment against his daughter Mamie K. Mercer in Ware Superior Court. The petition prayed for no relief except the construction of a warranty deed from the wife of the plaintiff and the mother of the defendant, and a declaration as to whether the deed conveyed a fee simple estate in described lands to the plaintiff or a life estate to the plaintiff and a remainder estate to the defendant. Held:

A1n action for declaratory judgment is not per se an equitable proceeding. Felton v. Chandler, 201 Ga. 347 (39 SE2d 654); Vidalia Production Credit Assn. v. Durrence, 212 Ga. 432, 433 (93 SE2d 568); Todd v. Conner, 220 Ga. 173, 175 (137 SE2d 614). “Nor does the fact that a decision of the instant case will require the construction of a deed make this a case within the jurisdiction of this court.” Alderman v. Crenshaw, 208 Ga. 71 (2) (65 SE2d 178). See Lewis v. Fry, 194 Ga. 842 (22 SE2d 817); Mock v. Darby, 219 Ga. 597 (134 SE2d 805).

This court does not have jurisdiction of an appeal where the only relief prayed in the case is the construction of a deed and declaratory judgment as to whether it conveys a fee simple estate or a life estate.

Transferred to the Court of Appeals.

All the Justices concur.

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Quillian, Justice.

J. B. Kinnon brought a suit for declaratory judgment against his daughter Mamie K. Mercer in Ware Superior Court. The petition prayed for no relief except the construction of a warranty deed from the wife of the plaintiff and the mother of the defendant, and a declaration as to whether the deed conveyed a fee simple estate in described lands to the plaintiff or a life estate to the plaintiff and a remainder estate to the defendant. Held:

A1n action for declaratory judgment is not per se an equitable proceeding. Felton v. Chandler, 201 Ga. 347 (39 SE2d 654); Vidalia Production Credit Assn. v. Durrence, 212 Ga. 432, 433 (93 SE2d 568); Todd v. Conner, 220 Ga. 173, 175 (137 SE2d 614). “Nor does the fact that a decision of the instant case will require the construction of a deed make this a case within the jurisdiction of this court.” Alderman v. Crenshaw, 208 Ga. 71 (2) (65 SE2d 178). See Lewis v. Fry, 194 Ga. 842 (22 SE2d 817); Mock v. Darby, 219 Ga. 597 (134 SE2d 805).

This court does not have jurisdiction of an appeal where the only relief prayed in the case is the construction of a deed and declaratory judgment as to whether it conveys a fee simple estate or a life estate.

Transferred to the Court of Appeals.

All the Justices concur.

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Bluebook (online)

149 S.E.2d 685, 222 Ga. 309, 1966 Ga. LEXIS 464, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kinnon-v-mercer-ga-1966.

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