Porter v. Mid-State Homes, Inc.
| Decision Date | 13 January 1975 |
| Docket Number | No. 49583,No. 1,MID-STATE,49583,1 |
| Citation | 213 S.E.2d 10,133 Ga.App. 706 |
| Parties | Roy PORTER et al. v.HOMES, INC |
| Court | Georgia Court of Appeals |
William F. Lozier, Atlanta, for appellants.
Edwin F. Hunt, Atlanta, for appellee.
Syllabus Opinion by the Court
In this suit the plaintiffs sought to recover money from defendant, a nonresident of Georgia, which allegedly was paid by them to the latter under duress. In personam jurisdiction over the defendant was predicated on either or both of two parts of our Long Arm Statute, viz. the transaction of any business within this state or the ownership, use or possession of any real estate situated in Georgia. Code Ann. § 24-113.1(a, d). The trial court dismissed the complaint on motion of defendant for lack of personal jurisdiction. The facts are not in dispute. The plaintiffs executed a security deed to their real property located in DeKalb County to the Jim Walters Corporation who in turn transferred the security deed to defendant. Defendant by and through its Georgia attorney acting under the power contained in the security deed advertised the realty for sale in a DeKalb County newspaper by reason of default in payment of insurance premiums. Plaintiffs thereafter paid defendant's Georgia counsel $656 to prevent the sale of the realty. This payment, which plaintiffs allege was made involuntarily, forms the basis of the claim for relief. Held:
1. It appears from these facts that personal jurisdiction over defendant was perfected under the Long Arm Statute. Clearly plaintiffs' claim or cause of action arose from the defendant's exercise of its power of sale granted to it in the security deed. The defendant, as transferee of the security deed, has legal title to the property subject to the right of the plaintiffs to have the realty reconveyed to them upon payment of the debt. Code § 67-1301. The conclusion is inescapable that personal jurisdiction over defendant was acquired as the claim arose out of the defendant's ownership of real property within Georgia. Further, there were sufficient acts occurring in this state to bring about the transacting of 'any business within this State.' Jurisdiction over a nonresident exists on this basis if the nonresident has purposefully done some act or consummated some transaction in this state, if the claim arises from or is connected with the act or transaction, and if the exercise of jurisdiction by the courts of this state does not...
To continue reading
Request your trial
-
Moore v. Lindsey
...record owner, McIntosh v. Mid-State Homes, Inc., 232 Ga. 871, 209 S.E.2d 203 (1974), or holding legal title, Porter v. Mid-State Homes, Inc., 133 Ga.App. 706, 213 S.E.2d 10 (1975), 2 that the executor and not the devisee hold legal title under Georgia law, 3 thus Bobby Moore and not Lindsey......
-
Bosworth v. Cooney
...basis for this action, provide sufficient "minimum contact" within the meaning and intent of our Long Arm Statute. Porter v. Mid-State Homes, 133 Ga.App. 706(1), 213 S.E.2d 10; North Peachtree I-285 Properties v. Hicks, 136 Ga.App. 426, 428, 221 S.E.2d 607, supra; Greenfield v. Portman, 136......
-
Interstate Paper Corp. v. Air-O-Flex Equipment Co., CV474-171.
...a payment of $656 by plaintiffs who were attempting to prevent the sale of the land under dispute, Porter v. Mid-State Homes, Inc., 133 Ga.App. 706, 707, 213 S.E.2d 10 (1975). In J. C. Penney Co. v. Malouf Co., 230 Ga. 140, 196 S.E.2d 145, two plaintiffs sued Penney in the Superior Court of......
-
Southwire Co. v. Trans-World Metals & Co. Ltd.
...activities within the forum to justify the exercise of jurisdiction. This analysis is consistent with Porter v. Mid-State Homes, Inc., 133 Ga.App. 706, 213 S.E.2d 10 (1975), where the court held that the purchase of advertising space in a newspaper, though not directly related to a suit ari......