130 Ga. 472 | Ga. | 1908
1. The venue of a statutory proceeding for the partition, of land is the county where the land lies. Civil Code, § 4786.
2. In such a proceeding, a minor at interest, over the age of 14 years, who has no guardian, may be served personally, but the minor would not become a party, and the writ of partition should not be ordered to issue, before a guardian ad litem has been appointed by the court, .and the appointment accepted by the guardian ad litem, in the manner .and form directed in Civil Code, § 4987. See, in this connection, Maryland Casualty Co. v. Lanham, 124 Ga. 859, 861 (53 S. E. 395).
3. A deed to A and her heirs is a conveyance exclusively to A. Civil Code, § 3083; Ewing v. Shropshire, 80 Ga. 374, 375 (7 S. E. 554).
4. Where, in response to an application to partition land, one of the alleged tenants in common denies that the applicant is a cotenant, and asserts entire ownership of the land, it is erroneous for the judge to