McGhee v. Brown

Supreme Court of Georgia

McGhee v. Brown

260 S.E.2d 873, 244 Ga. 478, 1979 Ga. LEXIS 1298

CourtSupreme Court of Georgia

DecidedOctober 16, 1979

Docket35316

StatusPublished

This text of 260 S.E.2d 873 (McGhee v. Brown) 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

McGhee v. Brown, 260 S.E.2d 873, 244 Ga. 478, 1979 Ga. LEXIS 1298 (Ga. 1979).

Pincite

Opinion

Undercofler, Presiding Justice.

Grace McGhee Brown, a remainderman, sued her stepmother, Eunice McGhee, the life tenant, to enjoin her from committing waste in cutting timber. Eunice McGhee, appellant here, counterclaimed to enjoin Grace McGhee Brown from interfering with her possession, to partition the property, and for reimbursement of taxes, insurance, and cost of repairs. The trial court granted appellee a partial summary judgment dismissing appellant’s counterclaim for partition. She appeals. We affirm. Although a life tenant, in the proper circumstances, may seek partition, it may not, as appellant here insists, be accomplished by the life tenant acquiring a portion of the land in fee simple. Compare Williams v. Calieran, 230 Ga. 56 (195 SE2d 413) (1973).

Judgment affirmed.

All the Justices concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Undercofler, Presiding Justice.

Grace McGhee Brown, a remainderman, sued her stepmother, Eunice McGhee, the life tenant, to enjoin her from committing waste in cutting timber. Eunice McGhee, appellant here, counterclaimed to enjoin Grace McGhee Brown from interfering with her possession, to partition the property, and for reimbursement of taxes, insurance, and cost of repairs. The trial court granted appellee a partial summary judgment dismissing appellant’s counterclaim for partition. She appeals. We affirm. Although a life tenant, in the proper circumstances, may seek partition, it may not, as appellant here insists, be accomplished by the life tenant acquiring a portion of the land in fee simple. Compare Williams v. Calieran, 230 Ga. 56 (195 SE2d 413) (1973).

Judgment affirmed.

All the Justices concur.

Cite This Page — Counsel Stack

Bluebook (online)

260 S.E.2d 873, 244 Ga. 478, 1979 Ga. LEXIS 1298, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcghee-v-brown-ga-1979.

Opinion

Related

Cite This Page — Counsel Stack