161 Ga. 838 | Ga. | 1926
1. Under the allegations of the petition the plaintiff fails to show legal title, or such a perfect equity, accompanied with possession in herself, as will enable her to recover at law the premises in dispute. The petition therefore does not make a ease which entitles her to recover upon the theory that her action is a complaint for the recovery of land. Vanduzer v. Christian, 30 Ga. 336; Floyd v. Floyd, 97 Ga. 124 (24 S. E. 451); Ogden v. Dodge County, 97 Ga. 461 (25 S. E. 321); Holt v. Anderson, 98 Ga. 220, 224 (25 S. E. 496); Ellis v. Dasher, 101 Ga. 5 (29 S. E. 268).
2. Treated as a petition for specific performance, the relief sought was only such as operates against the person; and the court was without jurisdiction to render a decree granting it, based upon mere constructive service. Hamil v. Flowers, 133 Ga. 216 (65 S. E. 961); Bank of Floral City v. Warnock, 144 Ga. 117 (86 S. E. 249).
3. Treated as a proceeding in equity to impress upon the premises in dispute a trust in favor of the petitioner and to cancel the deed from Mrs. Ellis to Mrs. Tarnok as trustee, the petition was properly dismissed upon special demurrer because the personal represent
4. Applying the above principles, the court did not err in dismissing the petition.
Judgment affirmed on main bill of exceptions; cross-bill of exceptions dismissed.