125 Ga. App. 486 | Ga. Ct. App. | 1972
Standard Oil Company filed a petition for a declaratory judgment alleging that it was the owner in fee simple of the property known and designated as
A hearing was held and during it the defendant through his counsel made an admission in judicio that he did not have any right to possession after the expiration of the lease. The trial judge then entered an order stating that the defendant had no right of possession of the property when the lease expired and granted the plaintiff a writ of possession. The appellant then filed an appeal to this court. Held:
When issue was joined the facts of the case showed there was an actual controversy as to who was entitled to possession of the property upon the conclusion of the lease thereby presenting a case for declaratory judgment. Greene v. Golucke, 202 Ga. 494 (43 SE2d 497); State Hwy. Dept. v. C. F. Williams Lumber Co., 222 Ga. 23 (148 SE2d 426). The trial court was authorized to issue the writ of possession. Code Ann. § 110-1102 (Ga. L. 1945, p. 137; 1959, pp. 236, 237).
Judgment affirmed.