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McCall v. Williams

The trial court properly found that the plaintiffs' action seeking to set aside an allegedly fraudulent deed was barred by the 7-year statute of limitation.

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This appeal is from a trial court’s finding that an action to set aside an allegedly fraudulent deed is barred by the statute of limitations. Because the trial court correctly ruled that the action is time-barred, we affirm.

In 1994, Elizabeth McCall and four of her siblings executed a deed conveying certain family land to their brother, Robert Williams. In 2005, Robert Williams died intestate. In 2011, McCall and others filed a petition against Williams’ widow and children, seeking to set aside the 1994 deed of conveyance as allegedly fraudulent. The defendants moved to dismiss the complaint as barred by the statute of limitations. The trial court granted the motion, finding that the action was barred by the applicable seven-year statute of limitations. McCall and the other plaintiffs appealed to the Georgia Supreme Court, which transferred the case to this court on the basis that “actions to set aside or cancel a deed do not invoke either the Supreme Court’s title to land jurisdiction or equity jurisdiction.”

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