Opinion
19832.
ARGUED SEPTEMBER 10, 1957.
DECIDED OCTOBER 15, 1957.
Action for mesne profits. Before Judge Oldham, Presiding. Clarke Superior Court. July 1, 1957.
O. J. Tolnas, Preston M. Almand, for plaintiff in error.
Larry V. McLeod, Gardner Gayner, contra.
This action began in the fictitious form of ejectment, and contained a count for mesne profits. An answer having been filed, in which the defendant denied possession, disclaimed any title or interest in the property described, and denied receiving any rents or profits from the use of the plaintiff's lands, and the petition having been amended to add that the plaintiff had conveyed title to another, and "prays that this suit . . . proceed for the recovery of mesne profits only," the action remains one for mesne profits only, and no longer involves title to land, since the petitioner has abandoned the action for ejectment. Hence, the Court of Appeals and not the Supreme Court has jurisdiction of the writ of error, under authority of Code (Ann.) §§ 2-3704, 2-3708. See Walker v. Zorn, 56 Ga. 35; Parker v. Salmons, 113 Ga. 1167 ( 39 S.E. 475); Moody v. McHan, 66 Ga. App. 29 ( 16 S.E.2d 889).
Transferred to the Court of Appeals. All the Justices concur.