145 Ga. 642 | Ga. | 1916
The plaintiffs assign error on the order of the court dismissing the petition upon the defendants’ demurrer. The suit was brought in the county where the land involved was located and in which none of the defendants resided. If it was an action “respecting title to lands,” the venue was properly laid; but if an equitable action, the court did right in dismissing it for want of jurisdiction. The prayer of the petition is not only to recover the land in ejectment, but also to cancel the deeds from Mrs. Adams to Broyles and Callaway and from the latter to the Lumpkin In
As the above ruling on the question of jurisdiction disposes of the case, it is unnecessary to decide whether a widow to whom and her minor children a year’s support has been set apart in realty can convey the real estate. In this connection see Howard v. Pope, 109 Ga. 259 (34 S. E. 301); Cox v. Cody, 75 Ga. 175 (2);
Judgment on the main bill of exceptions affirmed. Cross-bill of exceptions dismissed.