180 Ga. 570 | Ga. | 1935
Williams brought suit in the superior court of Pulton County against Aycock. The petition was dismissed on demurrer, and a writ of error was sued out returnable to this court. “Whether an action is one at law or in equity is determined by the allegations of the petition and the nature of the relief prayed, and
The plaintiff claims to be the owner of the realty involved, and the charge is that he was dispossessed from it by the marshal of the City of Atlanta, who put Aycock’s predecessor in title in possession. It is alleged that Aycock claims under a chain of title the first link in which is a marshal’s deed which is void for stated reasons. The petition is not an ejectment suit. Cobb v. W. & T. Railroad Co., 129 Ga. 377 (58 S. E. 862). Title is not directly involved. Therefore jurisdiction is not conferred on the Supreme Court on the ground of title to land being involved. Colley v. A. & W. P. R. Co., 156 Ga. 43 (118 S. E. 712); Adams v. Bishop, 174 Ga. 262 (162 S. E. 531); Anderson v. Anderson, 151 Ga. 518 (107
Transferred, to the Court of Appeals.