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Dooley et al. v. Scoggins

Supreme Court of Georgia1951-07-10No. No. 17503
208 Ga. 200

Summary

Holding. A superior court has jurisdiction to authorize the sale of property owned by minors and mentally incapacitated persons when the petition is filed in a county where some defendants reside or new property is located, even if the land to be sold is in another county; the resulting deed and prior proceedings are admissible as evidence in subsequent litigation, and such a petition does not require advance judicial sanction. The judgment was affirmed.

A life tenant filed a petition in superior court seeking to sell land owned by her remaindermen (including minors and a person lacking mental capacity) and reinvest the proceeds in another tract within the state. The court where the petition was filed had jurisdiction even though the land to be sold was located in a different county, because the new property and some defendants were in that county and proper guardians were appointed for those not able to act for themselves. Years later, when the original defendants brought an ejectment action in the county where the original land was located, they sought to use the sale deed and prior court proceedings as evidence. The defendants in that later action objected on grounds that the original petition involved title to land and should have been brought where the land lay, and that the original court lacked jurisdiction.

The court held that the equity court properly had jurisdiction over the matter and that the prior sale and reinvestment were valid. The deed and supporting court proceedings were admissible as evidence in the subsequent ejectment suit. The original petition did not require advance judicial approval because it sought equitable relief involving the management of a ward's property rather than an extraordinary remedy. All objections based on lack of jurisdiction or immateriality were properly overruled.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Jurisdiction of equity court over property of minors and mentally incapacitated persons in different counties
  • Admissibility of prior sale proceedings and deeds as evidence in later ejectment actions
  • Whether a petition for reinvestment of ward property requires advance judicial approval

Procedural posture

The case was decided on appeal from a trial court judgment in an ejectment suit, with the appellants challenging the admissibility of evidence from prior equity proceedings.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

Candler, Justice.

1. “Where a writ of error is sued out by one party who is entitled to except, an amendment may be made in the Supreme Court adding as plaintiffs in error the names of all other persons who were coparties with the plaintiff in error in the court below and who may appear from the record to be proper or necessary parties plaintiff in error.” Ramey v. O’Byrne, 121 Ga. 516 (2) (49 S. E. 595); Southern Railway Co. v. Lancaster, 149 Ga. 434 (100 S. E. 380); Bowen V. Holland, 182 Ga. 430 (185 S. E. 720).

2. “Under the general, inherent powers of a court of equity, the judge of the superior court, presiding as chancellor, is specially vested with the authority and .power to superintend and care for both the person and property of ..a minor. Where a petition is filed relative to an infant’s estate or person, which seeks relief against several persons, one of whom is a resident of the county, where the petition is filed, the superior court acquires jurisdiction, and the infant immediately becomes a ward in chancery.” Chase v. Bartlett, 176 Ga. 40 (2) (166 S. E. 832). The jurisdiction of a court of equity over the estates of wards in chancery is broad, comprehensive, and plenaiy. Richards v. East Tenn., Va. & Ga. Ry. Co., 106 Ga. 614 (1) (33 S. E. 193); Sangster v. Toledo Manufacturing Co., 193 Ga. 685, 691 (2) (19 S. E. 2d, 723); Turner v. Prigmore, 202 Ga. 377 (1) (43 S. E. 2d, 259).

,3. In a petition brought by a life tenant against her children, as remaindermen under a deed, seeking a sale of land that they owned and for the proceeds to be reinvested in their names in another tract of land lying in a county of this State where such children resided, one being a person non compos mentis and several being minors, the superior court of such county had jurisdiction, in term time, after personal service on all defendants and with guardians ad litem appointed and acting for all persons not sui juris, to authorize such sale and reinvestment, although the land to be sold was located in another county of this State; and upon a verdict, decree of the court, and sale through a person appointed and qualified for such purpose, such deed to said land, together with the proceedings upon which said authority was based, was competent to be pleaded defensively and to be used as evidence upon the trial, in a suit in ejectment brought many years later in the county where the land is located by the parties who were defendants or successors of defendants in the previous suit, and who, in the ejectment suit, were proceeding, as plaintiffs, against the purchaser of the land, as defendant. And there is no merit in the contention here made that such a suit was one respecting title to land which would have to be brought in the county where the land lies. Owenby v. Stancil, 190 Ga. 50 (8 S. E. 2d, 7); Bond v. Ray, 207 Ga. 559, 561, 562 (63 S. E. 2d, 399); art. VI, sec. 14, par. 2, Constitution of Georgia (Code, Ann., § 2-4902); Code, § 3-203. Such a petition did not require the sanction of the trial judge before being filed, since it did not seek extraordinary equitable relief or remedy. Code, § 81-113; Atlanta Real Estate Co. v. Atlanta National Bank, 75 Ga. 40; Wynne v. Fisher, 156 Ga. 656 (4) (119 S. E. 605); Simmons Hardware Co. v. Timmons, 180 Ga. 531 (1) (179 S. E. 726). Accordingly, as against objections interposed on grounds of immateriality and want of jurisdiction of the court in the previous case, there was no error in overruling such objections or demurrers or in admitting the said evidence or in directing the verdict in favor of the defendant in the ejectment suit or in overruling the motion for new trial as amended.

No. 17503.

Argued June 11, 1951

Decided July 10, 1951.

Erwin Sibley, for plaintiffs in error.

J. B. G. Logan, Wheeler, Robinson & Thurmond, and R. C. Scott, contra.

Judgment affirmed.

All the Justices concur.