¶1[Mann filed a bill against Lowe, executor, and others, to compel a settlement of accounts made between himself and the testator, and a specific performance of a contract concerning, certain land and improvements in Spaldingcounty. The bill was filed in Spalding county. The executor, who was the only substantial party, lived in Fulton county. Two other defendants were joined with him, who were tenants on the land in controversy, but no relief’ was prayed against them. A demurrer, for want of jurisdiction in the superior court of Spalding county, was overruled. and defendant excepted.]
74 Ga. 387
Lowe v. Mann
Decided November 11, 1884
Supreme Court of Georgia · decided 1884-11-11
<p>A bill for the settlement of accounts and.to obtain specific performance of a contract respecting a lot with the building, thereon, is not a suit respecting the title to land. The proper venue of such a bill is the county of the residence of the substantial defendant; and the joining, as defendant, of two tenants of the real defendant, but without seeldng any relief against them, will not give jurisdiction in the county where the land lies. Code, §§4183, 5169; 34 Ga., 53; 50 Id., 288, 290; 37 Id., 346.</p> <p>(a.) "Want of jurisdiction in the county where the bill was filed appearing on its face, it should have been dismissed on demurrer.</p>
Good law ✅— No negative treatment on recordhow we know
Judgment reversed · Decided 1884-11-11
How this case has been cited
Cited by 11 later decisions — most recently January 1941
11 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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