BAILEY v. JOHNSON

Factual and Procedural Background

This case concerns the partitioning of three parcels of land involving multiple co-tenants with undivided interests. The parcels included one of 337.5 acres, one of 190 acres, and a single-family dwelling. The trial court determined the respective ownership interests: defendant Mary Hailey Bailey owned a 4/10 undivided interest, plaintiff Eugenia H. Johnson owned a 3/10 undivided interest, two other persons each owned 1/10, and three others each owned 1/30 interest. The court treated the suit as one for equitable partitioning and ordered the properties sold, appointing a receiver to conduct the sale and awarding attorney fees. Defendant Bailey appealed, challenging the classification of the suit as equitable partitioning, the sale order instead of partition in kind, the appointment of a receiver rather than commissioners, and the award of attorney fees. This appeal follows a prior appearance of the case in the Supreme Court of Georgia.

Legal Issues Presented

Whether the trial court erred in treating the suit as one for equitable partitioning rather than statutory partitioning.

Whether the trial court erred in ordering the parcels sold instead of partitioned in kind.

Whether the trial court erred in directing the receiver, rather than commissioners, to conduct the sale.

Whether the trial court erred in awarding attorney fees in a suit that should have been treated as statutory partitioning.

Arguments of the Parties

Defendant Bailey's Arguments

The suit should not have been treated as equitable partitioning but rather statutory partitioning.

The parcels should be partitioned in kind rather than sold.

The sale should not have been conducted by a receiver but by three commissioners.

The award of attorney fees was improper in a statutory partition action.

Plaintiff's Arguments

This information was not available in the provided opinion.

Table of Precedents Cited

Precedent	Rule or Principle Cited For	Application by the Court
Smith v. King, 50 Ga. 192 (1873)	Supports treating complicated ownership disputes as equitable partition suits.	Used to justify the trial court's classification of the suit as equitable partitioning due to complex title issues.
Waycross Military Assn. v. Hiers, 209 Ga. 812, 76 S.E.2d 486 (1953)	Equitable partitioning principles in cases involving multiple co-tenants with unequal interests.	Reinforced the trial court's equitable approach given the complexity of interests.
Joel v. Joel, 201 Ga. 520, 40 S.E.2d 541 (1946)	Equitable partition and sale of property when in-kind partition is impractical due to unequal interests.	Supported the order for sale rather than partition in kind given the unequal ownership shares.
Mills v. Williams, 208 Ga. 425, 67 S.E.2d 212 (1951)	Permits award of attorney fees from proceeds when benefit accrues to parties at plaintiff's expense.	Justified awarding attorney fees from the fund arising from rental and sale of the property.
Nixon v. Nixon, 197 Ga. 426, 29 S.E.2d 613 (1944)	Further authority on awarding attorney fees in equitable partition actions.	Supported the trial court's attorney fee award consistent with equitable principles.

Precedent

Rule or Principle Cited For

Application by the Court

Smith v. King, 50 Ga. 192 (1873)

Supports treating complicated ownership disputes as equitable partition suits.

Used to justify the trial court's classification of the suit as equitable partitioning due to complex title issues.

Waycross Military Assn. v. Hiers, 209 Ga. 812, 76 S.E.2d 486 (1953)

Equitable partitioning principles in cases involving multiple co-tenants with unequal interests.

Reinforced the trial court's equitable approach given the complexity of interests.

Joel v. Joel, 201 Ga. 520, 40 S.E.2d 541 (1946)

Equitable partition and sale of property when in-kind partition is impractical due to unequal interests.

Supported the order for sale rather than partition in kind given the unequal ownership shares.

Mills v. Williams, 208 Ga. 425, 67 S.E.2d 212 (1951)

Permits award of attorney fees from proceeds when benefit accrues to parties at plaintiff's expense.

Justified awarding attorney fees from the fund arising from rental and sale of the property.

Nixon v. Nixon, 197 Ga. 426, 29 S.E.2d 613 (1944)

Further authority on awarding attorney fees in equitable partition actions.

Supported the trial court's attorney fee award consistent with equitable principles.

Court's Reasoning and Analysis

The court reasoned that the dispute involved complicated title issues, including defendant Bailey's claim of title by prescription, which made the suit appropriate for equitable partition rather than statutory partition. Given the unequal interests among the seven co-tenants, the court found ordering a sale of the properties appropriate rather than partition in kind. The trial court's prior appointment of a receiver to manage the sale was proper, especially since the only prior challenge to that appointment was to the sale order itself, which the court upheld. Regarding attorney fees, the court found it was not error to award fees from the proceeds because the plaintiff's efforts benefited the other co-tenants by clarifying their interests against defendant's claims. The cited precedents confirmed these principles and supported the trial court's decisions on classification of the suit, sale order, appointment of receiver, and attorney fees.

Holding and Implications

Judgment affirmed.

The court upheld the trial court’s classification of the suit as equitable partitioning, the order to sell the properties, the appointment of a receiver to conduct the sale, and the award of attorney fees. This decision directly affects the parties by confirming the sale process and fee awards but does not establish new legal precedent beyond affirming existing equitable partition principles in the context of complex ownership disputes.

BAILEY et al. v. JOHNSON.

PER CURIAM.

On remand following the first appearance of this case in this court, Bailey v. Johnson, 245 Ga. 823 ( 268 S.E.2d 147) (1980), the trial court determined that defendant Mary Hailey Bailey owned a 4/10 undivided interest in the three parcels of land involved, that plaintiff Eugenia H. Johnson owned a 3/10 undivided interest in those parcels, that two other people each owned a 1/10 undivided interest therein, and that three others each owned a 1/30 undivided interest therein. The court also determined that the suit was for equitable partitioning and that the property should be sold; the receiver was directed to proceed with the sale and attorney fees were awarded.

One parcel consisted of 337.5 acres, one consisted of 190 acres, and the third was a single family dwelling.

Defendant Bailey appeals, urging that the trial court erred in treating the suit as one for equitable partitioning, in ordering the parcels sold (as opposed to being partitioned in kind), in directing the receiver (as opposed to three commissioners) to conduct the sale, and in awarding attorney fees in a suit which should have been treated as statutory partitioning.

The title and interests of the parties in dispute over construction of the will had become more complicated by defendant's claim of title by prescription. See Bailey v. Johnson, supra. Thus the trial court did not err in treating the suit as one in equity for partitioning. Smith v. King, 50 Ga. 192 (3) (1873); Waycross Military Assn. v. Hiers, 209 Ga. 812 (3) ( 76 S.E.2d 486) (1953); Joel v. Joel, 201 Ga. 520, 524 ( 40 S.E.2d 541) (1946).

In view of the unequal interests of the seven co-tenants in the three parcels involved, the court did not err in ordering the properties sold. The trial court appointed the receiver in its order which was the subject of the prior appeal, and the only error argued by defendant to such appointment on the prior appeal was that a sale should not have been ordered. On remand, the trial court did not err in directing the receiver to proceed with the sale.

At the outset of this case, the defendant asserted that she had an undivided 3/4 interest in these properties, that plaintiff had the other 1/4 interest, and that no one else had any interests. Plaintiff's counsel established that 5 other persons had, together, a 3/10 interest in the property. In this equitable suit for partitioning, the award of attorney fees from the fund arising from rental and sale of the lands involved was not error in view of the benefit which accrued, at plaintiff's expense, to these 5 co-tenants as against defendant's claims. See Mills v. Williams, 208 Ga. 425 (3) ( 67 S.E.2d 212) (1951); see also Nixon v. Nixon, 197 Ga. 426, 430 ( 29 S.E.2d 613) (1944).

Judgment affirmed. All the Justices concur.