171 Ga. 812 | Ga. | 1931
The foregoing statement delineates all the facts of this case; and we might be content to confine ourselves to a very brief statement in the syllabus of elementary principles of law which are well recognized. However it is not improper, even in affirming a judgment of the trial court, to make plain the application of our rulings of law to the facts of the particular case. Especially is that true when, as in the present instance, the circumstances of two distinct cases are to be considered. Mrs. Austin filed „ suit for divorce against her husband, in Eulton superior court. No alimony was asked. But the law requires that a petitioner for divorce must make a schedule of the property claimed by him or her. This she did. The defendant filed an answer and cross-bill for divorce, and in doing so denied that the plaintiff owned the property set forth' in her schedule, and claimed that it was his own. Several months after the filing of his answer, the husband filed an equitable petition in the superior court of Cobb County, the home of the wife, where the real estate referred to in the answer in the divorce case was located, praying that the title to that land be decreed to be in him. Mrs. Austin filed a general and a special demurrer. This was sustained on March 3, 1928, and the petition was dismissed. There was no exception to that judgment, and it was a final adjudication of the title to the property in favor of Mrs. Austin and against all claims of - the husband.
The filing of a schedule of the property owned by both parties in an application for divorce is not a provision for determining disputes as to title to land. This seems necessarily to be so, because ejectment and complaint for land must both be brought in the county in which the land lies, while a suit for divorce, or divorce and alimony, whether brought by the wife against the husband, or by the husband against the wife, must be brought in the county in which the defendant resides; and it is perfectly possible
The judge of the superior court did not err in overruling the demurrer; and the judgment is
Affirmed.