Richardson v. Anderson

133 S.E.2d 16, 219 Ga. 264, 1963 Ga. LEXIS 425

Opinion

Duckworth, Chief Justice.

By agreement, the claimants to the funds in a condemnation case stipulated 'that a construction of the will of one Charity Lattimore would determine which of them was entitled to the funds paid into court by the condemnor. The sole question was who wás entitled to the funds, —that is, who had title to the condemned property at the time of its condemnation? The Court of Appeals and not this court has jurisdiction since this is not a case involving title to land or of equity construing a will but involves a plain question .of law. Grant v. Oakey, 218 Ga. 723 (130 SE2d 490); Boswell v. Underwood, 217 Ga. 675 (124 SE2d 394), and cases cited therein.

Argued September 11, 1963 Decided September 18, 1963 Rehearing denied October 10, 1963. Frank T. Cash, Scott, Scroggins, Cash & Crim, for plaintiff in error. ■ Norman H. Fudge, Foster & Fudge, contra.

Transferred to the Court of Appeals.

All the Justices concur.