308 Ga. App. 627
Ga. Ct. App.2011Background
- Strickland is administrator of Geraldine McElreath’s estate in Georgia; McElreaths sue in Madison County seeking equitable relief to set aside a deed and impose a resulting trust on real property.
- Allegations: Robert McElreath acquired land in Madison County; family intended to split property; Geraldine’s death left heirs; heirs conveyed interests to Geraldine creating an implied trust; Geraldine executed a deed to Flora under alleged capacity infirmities.
- Flora, Flora’s husband Strickland, and Strickland as administrator allegedly conveyed property consistent with the trust; Flora died in 2003; Strickland allegedly breached fiduciary duty by distributing property contrary to intestacy rules.
- McElreaths seek to set aside the deed, remove Strickland as administrator, and have property included in the trust corpus.
- Strickland moved to transfer to Barrow County (his residence); trial court denied, treating the matter as an equity/title dispute; the appeal court granted interlocutory review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Venue for equity claims versus land-title relief | McElreaths contend the action is in equity in Madison County. | Strickland argues venue lies in Barrow County where he resides for equity relief. | Venue lies in Barrow County; case belongs in Barrow County Superior Court. |
Key Cases Cited
- Hayes v. Howell, 251 Ga. 580 (1983) (title to land venue limitations; equity considerations)
- Payne v. Terhune, 212 Ga. 169 (1956) (cases involving title to land vs. equitable relief)
- Clayton v. Stetson, 101 Ga. 634 (1897) (trusts and equitable remedies; implications for land disputes)
- Deen v. Altman, 267 Ga. 111 (1996) (set-aside deeds; equity jurisdiction in venue)
- Hawkins v. Pierotti, 232 Ga. 631 (1974) (venue for equitable relief affecting land)
- Borden v. I.B.C. Corp., 220 Ga. 688 (1965) (equitable intervention and venue considerations)