Boswell v. Underwood

Full title: BOSWELL v. UNDERWOOD, Administrator, et al

Court: Supreme Court of Georgia

Date published: Feb 20, 1962

124 S.E.2d 394 (Ga. 1962)

124 S.E.2d 394

Opinion

21563.

ARGUED FEBRUARY 13, 1962.

DECIDED FEBRUARY 20, 1962.

Condemnation, etc. Fulton Superior Court. Before Judge Pharr.

Huie, Etheridge Harland, James R. Harland, Jr., Harry L. Cashin, Jr., for plaintiff in error.

Elijah A. Brown, Chas. M. Clayton, contra.

GRICE, Justice.

This being a controversy over the proceeds of a condemnation award, and title to the land now being in the condemnor, it is not a case respecting title to land so as to fall within the jurisdiction of this court. Code Ann. § 2-3704; Dougherty County v. Hamilton, 214 Ga. 644 ( 106 S.E.2d 789); Sweat v. Ehrensperger, 213 Ga. 772 ( 102 S.E.2d 35); Miller v. Ray, 208 Ga. 27 ( 64 S.E.2d 449). Therefore, the Court of Appeals, and not the Supreme Court, has jurisdiction to review the judgment complained of.

Transferred to the Court of Appeals. All the Justices concur.

ARGUED FEBRUARY 13, 1962 — DECIDED FEBRUARY 20, 1962.