146 Ga. 804

Chosewood v. Jones.

May 16, 1917.

Equitable petition. Before Judge Smith. Campbell superior court. February 9, 1916.

Hendrix & Silverman, for plaintiff in error.

J. H. Longino, contra.

Atkinson, J.

A suit by a grantor against a grantee, to cancel a deed conveying land, on the ground of fraud practiced by the grantee inducing execution of the deed, and to recover possession of the land and inesne profits, is not a suit respecting title to land, within the meaning of the constitution, which is required to be brought in the county where the land lies, but is a suit for equitable relief, and should be brought in the county of the residence of the defendant. Smith v. Bryan, 34 Ga. 53; Clayton v. Stetson, 101 Ga. 634 (28 S. E. 983) ; Martin v. Gaissert, 134 Ga. 34 (67 S. E. 536); Vizard v. Moody, 115 Ga. 491 (41 S. E. 997) ; Frazier v. Broyles, 145 Ga. 642 (89 S. E. 743).

A suit having been instituted in the county where the land lay, and the petition alleging that the defendant resided in a different county, it was erroneous to overrule a demurrer which raised the question of jurisdiction. Judgment reversed.

All the Justices eoneur.

Chosewood v. Jones
146 Ga. 804

Case Details

Name
Chosewood v. Jones
Decision Date
May 16, 1917
Citations

146 Ga. 804

Jurisdiction
Georgia

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