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PATAT, Administrator v. BULLOCK.
Petition for declaratory judgment. Clarke Superior Court. Before Judge Cobb.
1. A petition for declaratory judgment will not lie where all the rights of the parties have already accrued and where no facts or circumstances are alleged showing any necessity for an adjudication of the plaintiff's rights in order to relieve him from the risk of taking future undirected action which, without such direction, would jeopardize his interest. Pinkard v. Mendel, 216 Ga. 487 (117 SE2d 336).
The trial court did not err in sustaining the general demurrer and dismissing the petition.
FELTON, Chief Judge, dissenting. I dissent from the judgment for the reason that in my opinion this court does not have jurisdiction of the case for the reason that the allegations and prayers slow that the relief sought is a cancellation of a security deed. Paragraph "(b)" of the prayers is as follows: "that: (b) The indebtedness secured by said security deed be declared to have been paid and said deed be decreed to be satisfied of record."
Nichols, P. J., and Frankum, J., concur in the foregoing dissent.
Stephens, Fortson, Bentley & Griffin, Edwin Fortson, contra.
Vane G. Hawkins, Jim Hudson, for plaintiff in error.
Friday May 22 22:27 EDT

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