150 Ga. 253 | Ga. | 1920
On August 2, 19.19, Holloway-Smith Company, a corporation, alleging that it was the owner of a specified interest, and was a tenant in common with Miss Susie Gammon and others, filed its equitable petition for the partition of certain lands, to the regular August term of Polk superior court. This petition contained allegations showing the necessity for an equitable partition of the lands in question. The prayers of che petition were, that Miss Susie Gammon, who owned a one-third undivided interest in ■the property, and others be made parties defendant to this case and be required to set up any title or interest that they may have or claim in the property, and that the property be sold for division: that in the event the court should determine that there could not be an equitable partition of the property by metes and bounds, a receiver be appointed with authority to sell the property and divide the proceeds among the common owners; that a guardian ad litem be appointed for the minor heirs. There was also a prayer for process and that service upon the non-resident parties be perfected by publication as provided by law. Process was duly issued, and an order was regularly granted that service be perfected upon the non-residents by publication.
On October 4, 1919, the court granted an order in which it was recited that the property described could not be divided by metes and bounds, find that the only way a division could be had was by a sale for the purpose of division, as prayed; and the court appointed certain named freeholders of the county, directing them to sell the property in described parcels, receiving separate bids for
The court did not err in overruling the petition to revoke the order for the sale of the property, granted on October 4, 1919. While the petition of Holloway-Smith Company for the equitable partition of the land in question was in form a regular equitable petition and contained all the requisites of such a petition showing grounds for the division of the property as prayed, it contained also all of the essential allegations of an application for the partition of land under the provisions of the statute in such cases made and provided. There was personally served on Miss Susie Gammon, as prescribed by the statute, a notice of the application, and notice of the time of hearing, calling upon her to show cause why the application should not be granted. While the service of process upon the equitable petition of Holloway-Smith Company and
Judgment affirmed.