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STONE v. BENTON

45900.

258 Ga. 539 (1988)

371 S.E.2d 864

STONE v. BENTON.

Supreme Court of Georgia.

Decided September 28, 1988.

Attorney(s) appearing for the Case

Neely & Player, Edgar A. Neely III, Richard B. Norton, Jr., Daryl R. Griswold, for appellant.

Glover & Davis, Jack T. Camp, W. Robert Hancock, Jr., for appellee.

GREGORY, Justice.

Appellant Stone and appellee Benton are tenants in common of land located in Cobb County. Stone, a Montana resident, sued her sister Benton in Benton's home county of Jasper. Stone sought an equitable partition by sale of the land.

Benton filed a motion to dismiss, arguing that because Stone had an adequate remedy at law in Cobb County under OCGA § 44-6-160 et seq., Stone could not pursue the equitable remedy. The trial court granted...

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