Ingold, Inc. v. Adair, 36609
Decision Date | 17 February 1981 |
Docket Number | No. 36609,36609 |
Citation | 274 S.E.2d 560,247 Ga. 155 |
Parties | INGOLD, INC. v. ADAIR. |
Court | Georgia Supreme Court |
Timothy R. Askew, Jr. and James A. Gober, Arnall, Golden & Gregory, Atlanta, for Ingold, Inc.
Mark A. Kelley, Carr, Abney, Tabb & Schultz, Atlanta, for A. D. Adair, Jr., et al.
A. D. Adair, Jr., et al. filed a complaint against Ingold, Inc., in the State Court of Fulton County alleging that Adair was the landlord, and Ingold the tenant, of certain real estate in Fulton County, that Ingold had breached its lease duty regarding the payment of property taxes, and, that, under the lease, said breach entitled Adair to eject Ingold from possession of the property. Adair prayed for damages and "a writ of possession requiring that (Ingold) surrender possession of the leased real estate to Adair."
Ingold filed a motion to dismiss Adair's complaint, arguing that the State Court of Fulton County was without subject matter jurisdiction because the present case was one "respecting title to land" and Code Ann. § 2-3301 vested exclusive original jurisdiction of such cases in the Superior Court of Georgia. The trial court denied Ingold's motion to dismiss and Ingold appeals. We affirm.
Code Ann. § 2-3301 provides that "superior courts shall have exclusive jurisdiction ... in cases respecting titles to land...."
This court held, in Black v. Fritz, 98 Ga. 32, 33, 25 S.E. 188 (1895), that the phrase, "cases respecting title to land", as that phrase is used in determining subject-matter jurisdiction of superior courts, refers to "cases in which the plaintiff asserts his title to the land in question, and depends for a recovery upon his maintenance of it...." See, Graham v. Tallent, 235 Ga. 47, 218 S.E.2d 799 (1975).
We note that Code Ann. § 33-101 () is qualified by Code Ann. § 61-107 which provides that "(a) tenant may not dispute his landlord's title, nor attorn to another claimant, while in actual physical occupation, or while the tenant performs any act, either active or passive, or takes any position whereby he expressly or impliedly recognizes his landlord's title, or while the tenant takes any position that is inconsistent with the position that the landlord's title is defective."
By virtue of this qualification, a landlord is authorized to file a complaint for the ejectment of his tenant alleging, not that the landlord has a presently...
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1 Small Claim Cases
...court [177 Ga.App. 539, 339 SE2d 662 (1986)]. 2. Respecting title to land [GA. CONST. Art. 6, §4, ¶1; 130 Ga. 391, 60 S.E. 1049 (1908); 247 Ga. 155, 274 SE2d 560 (1981)], such as action in ejectment [241 Ga.App. 379, 527 SE2d 212 (1999)]. 3. Issuing extraordinary remedies [GA. CONST. Art. 6......
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1 Small Claim Cases
...court [177 Ga.App. 539, 339 SE2d 662 (1986)]. 2. Respecting title to land [GA. CONST. Art. 6, §4, ¶1; 130 Ga. 391, 60 S.E. 1049 (1908); 247 Ga. 155, 274 SE2d 560 (1981)], such as action in ejectment [241 Ga.App. 379, 527 SE2d 212 (1999)]. 3. Issuing extraordinary remedies [GA. CONST. Art. 6......
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1 Small Claim Cases
...court [177 Ga.App. 539, 339 SE2d 662 (1986)]. 2. Respecting title to land [GA. CONST. Art. 6, §4, ¶1; 130 Ga. 391, 60 S.E. 1049 (1908); 247 Ga. 155, 274 SE2d 560 (1981)], such as action in ejectment [241 Ga.App. 379, 527 SE2d 212 (1999)]. 3. Issuing extraordinary remedies [GA. CONST. Art. 6......
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1 Small Claim Cases
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