QUILLIAN, Justice.
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.
ARGUED JUNE 13, 1966 — DECIDED JUNE 23, 1966.