Opinion
23505.
ARGUED JUNE 13, 1966.
DECIDED JUNE 23, 1966.
Complaint for land. Ware Superior Court. Before Judge Hodges.
Helms Dismukes, Jack J. Helms, for appellant.
Kopp Peavy, J. Edwin Peavy, for appellee.
J. B. Kinnon brought a suit for declaratory judgment against his daughter Mamie K. Mercer in Ware Superior Court. The petition prayed for no relief except the construction of a warranty deed from the wife of the plaintiff and the mother of the defendant, and a declaration as to whether the deed conveyed a fee simple estate in described lands to the plaintiff or a life estate to the plaintiff and a remainder estate to the defendant. Held:
An action for declaratory judgment is not per se an equitable proceeding. Felton v. Chandler, 201 Ga. 347 ( 39 S.E.2d 654); Vidalia Production Credit Assn. v. Durrence, 212 Ga. 432, 433 ( 93 S.E.2d 568); Todd v. Conner, 220 Ga. 173, 175 ( 137 S.E.2d 614). "Nor does the fact that a decision of the instant case will require the construction of a deed make this a case within the jurisdiction of this court." Alderman v. Crenshaw, 208 Ga. 71 (2) ( 65 S.E.2d 178). See Lewis v. Fry, 194 Ga. 842 ( 22 S.E.2d 817); Mock v. Darby, 219 Ga. 597 ( 134 S.E.2d 805).
This court does not have jurisdiction of an appeal where the only relief prayed in the case is the construction of a deed and declaratory judgment as to whether it conveys a fee simple estate or a life estate.
Transferred to the Court of Appeals. All the Justices concur.