225 Ga. 822 | Ga. | 1969
Involved here is jurisdiction of an appeal from a judgment of the Superior Court of Crisp County, Georgia, ordering a sale by commissioners appointed to divide or sell a lot with a dwelling located thereon, said order issued in a statutory partition proceeding under Code Ann. §§ 85-1504, 85-1511. The Court of Appeals transferred the case to this court with a memorandum attached consisting of the following citations: Cates v. Duncan, 181 Ga. 686 (183 SE 797); Hill v. McCandless, 198 Ga. 737 (32 SE2d 774); Mills v. Williams, 208 Ga. 425 (67 SE2d 212).
The Hill and Mills citations are inapt because in the Hill case the answer sought and prayed for an equitable accounting which gave jurisdiction to this court and in the Mills case the petition was one under Code § 37-301 with prayer for process, partition and accounting, which also gave jurisdiction to this court. In the Cates case this court misconstrued the cases cited in the first headnote to include cases where a statutory partition was sought and the application filed after the required 20-day notice of intention to apply for partition included a prayer for
Returned to the Court of Appeals.