lawskills
Google
search the Web search LawSkills.com
Did you know you can download our entire database for free?


Resources
[more] 

Georgia Caselaw:
Browse
Greatest Hits

Georgia Code: Browse

(external) Findlaw Georgia Law Resources


This site exists because of donors like you.

Thanks!


Lawskills.com Georgia Caselaw
ARNOLD v. HICKEY.
67271.
SHULMAN, Presiding Judge.
Action on title. Fulton Superior Court. Before Judge Etheridge.
In response to appellant's petition to quiet title, appellee filed a counterclaim in which he sought a money judgment on a promissory note allegedly executed by appellant and assigned to appellee, and an equitable foreclosure of the deed given as security for the note. In its order granting summary judgment to appellee, the trial court also ordered the equitable foreclosure appellee sought. Although appellant does not explicitly take issue with the equitable foreclosure, she does question the propriety of the grant of summary judgment which contains the equitable foreclosure order. Inasmuch as "[e]quity has general jurisdiction for the enforcement of equitable liens," including equitable foreclosures under OCGA 44-14-49 (Code Ann. 67-601) ( Blumenfeld v. Citizens Bank &c. Co., 168 Ga. 327, 336 (147 SE 581); Smith v. Farmers Bank, 165 Ga. 470 (2) (141 SE 203)), we are without jurisdiction of the case and must order it transferred to the Supreme Court, which has jurisdiction over equity. Georgia Constitution, Art. 6, Sec. 2, Par. 4 (Code Ann. 2-2804); Candler v. Bryan, 189 Ga. 851, 856 (8 SE2d 81).
E. Lee Redfern, for appellee.
Robert L. Simmons, Annie R. Simmons, for appellant.
DECIDED FEBRUARY 6, 1984.
Thursday May 21 17:34 EDT


This site exists because of donors like you.

Thanks!


Valid HTML 4.0!

Valid CSS!





Home - Tour - Disclaimer - Privacy - Contact Us
Copyright © 2000,2002,2004 Lawskills.com