Kinnon v. Mercer
Cases that cite this one
6 later published cases cite this decision.
- Wilkes v. Fraser (Ga. Ct. App. 2013)
- James David Wilkes v. Nell Wilkes Fraser (Ga. Ct. App. 2013)
- Georgia Department of Transportation v. Meadow Trace, Inc. (Ga. 2004)
- Daniel v. Georgia Power Co. (Ga. Ct. App. 1978)
- Johnson v. Maddox (Ga. Ct. App. 1976)
- Kinnon v. Mercer (Ga. Ct. App. 1966)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
J. B. Kinnon brought a suit for declaratory judgment against his daughter Mamie K. Mercer in Ware Superior Court. The petition prayed for no relief except the construction of a warranty deed from the wife of the plaintiff and the mother of the defendant, and a declaration as to whether the deed conveyed a fee simple estate in described lands to the plaintiff or a life estate to the plaintiff and a remainder estate to the defendant. Held:
A1n action for declaratory judgment is not per se an equitable proceeding. Felton v. Chandler, 201 Ga. 347 (39 SE2d 654); Vidalia Production Credit Assn. v. Durrence, 212 Ga. 432, 433 (93 SE2d 568); Todd v. Conner, 220 Ga. 173, 175 (137 SE2d 614). “Nor does the fact that a decision of the instant case will require the construction of a deed make this a case within the jurisdiction of this court.” Alderman v. Crenshaw, 208 Ga. 71 (2) (65 SE2d 178). See Lewis v. Fry, 194 Ga. 842 (22 SE2d 817); Mock v. Darby, 219 Ga. 597 (134 SE2d 805).
This court does not have jurisdiction of an appeal where the only relief prayed in the case is the construction of a deed and declaratory judgment as to whether it conveys a fee simple estate or a life estate.
Transferred to the Court of Appeals.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.