232 Ga. 235 | Ga. | 1974
Mrs. Nettie Ward Barfield Hilton, administratrix of the estate of W. J. O. Barfield, filed a petition in the court of ordinary of Taylor County, Georgia on September 4,
Subsequent to the transfer to the Superior Court of Taylor County, the administratrix filed an amendment wherein it was alleged that W. J. O. Barfield died intestate in possession of the land in question; that the appellant R. C. Barfield was one of the heirs and as such heir had inherited a one-seventh of one-fourth undivided interest in the property; that the appellant had gone into possession of the property in question under a claimed parol gift by all of the heirs at law of W.J. O. Barfield by reason of which he was claiming full title to the property; that all the heirs did not give their interest in said property to the appellant; and that the heirs have not and cannot agree to divide the land in kind because the appellant is adversely claiming full title thereto.
Appellant answered the amendment by contending that he was entitled to judgment on the pleadings and further answered the allegations by admitting that he was an heir of W. J. O. Barfield; that he claimed full title to the land; that he was holding same adversely to the administratrix and to the other heirs and that the basis of his claim to title was a settlement of the estate on the date of the burial of W. J. O. Barfield in which all of the heirs transferred the land to him.
On January 11,1974, the trial court signed an order denying the appellant’s motion for judgment on the pleadings and certified the same for immediate review. Held:
The appellant contends that the only issue raised by his claim is whether or not he is holding the property adversely to the estate and since this is admitted by the administratrix he is entitled to a judgment. He relies on
This holding was followed in the case of Haynes v. Ellis, 199 Ga. 702 (1) (35 SE2d 151) and in Causey v. Causey, 224 Ga. 458 (162 SE2d 372). The claim filed by the appellant here squarely raised in a court of competent jurisdiction all questions relating to the "right of property.” Code § 113-1802. These questions include the right of the administratrix to an order for the sale of the land, the title to the property in controversy, and the right of the claimant to hold it as against the administratrix of the estate and the other heirs.
The trial court did not err in denying the appellant’s motion for judgment on the pleadings.
Judgment affirmed.