Henderson v. Curtis

• Decision Date: 15 January 1938
• Docket Number: 12117.
• Parties: HENDERSON v. CURTIS.
• Court: Georgia Supreme Court

195 S.E. 152

185 Ga. 390

HENDERSON v. CURTIS.

No. 12117.

Supreme Court of Georgia

January 15, 1938

Error from Superior Court, De Kalb County; James C. Davis, Judge.

Action by Mrs. C. E. Henderson against James A. Curtis for an accounting. To review a judgment dismissing the petition plaintiff brings error.

Cause transferred to the Court of Appeals.

Syllabus by the Court.

The present suit not being an equity case, or one which otherwise falls within the jurisdiction of the Supreme Court, it is transferred to the Court of Appeals.

Noah J Stone, of Atlanta, for plaintiff in error.

G. S Peck, of Atlanta, for defendant in error.

BELL Justice.

Mrs. C E. Henderson instituted an action against James A. Curtis in the superior court of De Kalb county. The court sustained a demurrer and dismissed the petition, and the plaintiff excepted. The bill of exceptions was returned to the Supreme Court, but it is apparent that the Court of Appeals and not the Supreme Court has jurisdiction. Formal parts omitted, the petition was as follows:

'2. Petitioner and the defendant are brother and sister.

'3. That for some time prior to March 1, 1931, petitioner lived on Angier Avenue in the City of Atlanta, and the defendant lived with her.

'4. At the time that plaintiff and defendant were living on Angier Avenue the defendant was not married.

'5. During the first part of 1931 the defendant purchased a home consisting of a few acres of land located in the Brook-haven section, on North Decatur Road in said State and county, where the defendant now resides.

'6. At the time of the purchase of this property the defendant was not married.

'7. At the time this property was purchased, defendant and plaintiff agreed they would occupy said property and each contribute their labor and efforts in making it a home, and it would be a home for each of them during the remainder of their lives.

'8. In furtherance of this agreement plaintiff and the defendant began to work clearing the grounds for gardens, building rock gardens, cleaning out and improving the property, building chicken-houses, transplanting fruit-trees and vines as each of them thought necessary to make the premises a comfortable home and to beautify the same, digging a well; and each of them worked contributing their labor and money in furtherance of their agreement as hereinbefore set forth.

'9. That they occupied this home until 1933.

'10. At no time did the defendant indicate any other arrangement was contemplated, except to making a home for each of them as long as they lived.

'11. Petitioner shows that she has spent approximately eleven hundred ($1,100.00) dollars or other large sums of money from her own funds in improving said property; and in addition to this she cooked, laundered, and made a home for the defendant during the time that they lived in said premises.

'12. Petitioner further shows that on or about March 20, 1933, the defendant married, and at this time petitioner was on a visit, and that when she returned home during the latter part of April, 1933, the defendant told her that she had to leave.

'13. Petitioner further shows that a few weeks thereafter she asked the defendant to account to her for the money that she spent upon said property, and he failed to do so.

'14. Petitioner shows that during the time she lived in these premises she made a home for him; that her work in connection with improving said property was equal to his in value or greater and that the sum of eleven hundred ($1,100.00) dollars paid from her personal funds is the amount of money contributed in improving said property.

'15. The defendant herein has breached said contract and retained said property and the benefits of her money invested therein, and in equity and good conscience she is entitled to an accounting from the defendant and a judgment for the amount spent by her.

'Wherefore, she prays that process issue, directed to said defendant, requiring him to be and appear at the next term of this court to answer this petition, and that an accounting be had

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