Yeomans v. Galbreath
Yeomans v. Galbreath
Opinion of the Court
This appeal is from the judgment of the trial court entered on the remittitur of this Court in interlocutory appeals. Brunswick Pulp & Paper Co. v. Yeomans, 258 Ga. 545 (372 SE2d 217) (1988). The judgment on remittitur reads:
The captioned case having been decided by the Supreme Court of the State of Georgia on September 16, 1988, and that Court having affirmed in part and reversed in part this court’s order dated November 30, 1987, it is on motion of counsel for defendants ordered and decreed that the said judgment of September 16, 1988, of the Supreme Court of the State of Georgia be entered on the minutes of this court, as the judgment of this court. Accordingly, judgment is hereby entered in favor of defendants and against plaintiffs as to all matters set forth in plaintiffs’ complaint, as amended. Plaintiffs shall have no recovery from defendants and have no interest in the real property of defendants, or their successors in title, set forth, identified, or referred to in plaintiffs’ complaint, as amended. [Emphasis supplied.]
The appellants contend as follows: The superior court previously held that they were not entitled to have certain deeds expunged from the deed record books; however, the judgment on the remittitur goes much further, holding that the plaintiffs have “no interest in the property”; this holding should be reversed; there is yet to be a partitioning of the real property left to the appellants and the appellees (or to their successors), although the plaintiffs requested partitioning
We affirm. This Court’s holding that the defendants-appellees “are entitled to final judgment in their favor,” Brunswick Pulp & Paper Co. v. Yeomans, 258 Ga. 545, supra at 546, means that all matters which the plaintiffs did, or could have, put in issue, now are final. OCGA § 9-12-40. The appellants have no claim of title to any testamentary property other than that coming to them through inheritance by virtue of the 1950 partitioning deeds. 258 Ga. at 545, fn. 1. The actions of the appellants in holding, utilizing and enjoying the benefits of the property inherited from their father and uncle, as divided under the 1950 partitioning, are inconsistent with their claims under the will, and constitute a ratification of the 1950 partitioning. 258 Ga. at 546, fn. 2. Accordingly, the appellants can have no claim of title to the property of the appellees, they are not entitled to either equitable or legal partitioning, and they have no right to collect proceeds from timber sales.
This Court and the trial court have held that the appellants have absolutely no interest in or right to any of the testamentary property, other than that which they inherited from their father and uncle by virtue of the 1950 partitioning deeds. All of the matters here asserted were, or could have been, put in issue previously, and now are barred.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.