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Ransom v. Holman

A plea in abatement operates to stop a plaintiff's action, leaving the option open for the plaintiff to renew the suit in another place or form.

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Rayfield Ransom, acting pro se, appeals the trial court’s dismissal of his claims seeking to cancel deeds held by James and Grady Holman, which he alleges were obtained fraudulently. For the reasons set forth below, we affirm in part, vacate in part, and remand with direction. “We review the trial court’s ruling on a motion to dismiss under the de novo standard of review.” Punctuation omitted. Sadi Holdings, LLC v. Lib Properties, Ltd. 1 The record shows that in June 2002, Ransom commenced an action to partition land that he held as tenant-in-common with James Holman. Because James Holman had received the property from his uncle, Grady Holman, Ransom named Grady Holman as a defendant in the action as well.

In March 2003, Ransom amended the partition action against the Holmans, adding an allegation that Grady Holman had fraudulently obtained title to the property and seeking to invalidate the relevant deeds. After holding a hearing on the matter, the trial court ordered an equitable partitioning, appointed a receiver to take charge of the property, dismissed Grady Holman on the grounds that all of his property interest had been transferred to his nephew James, and reserved for later determination the parties’ respective interests in the property, including the allegation of fraud. Ransom appealed to the Georgia Supreme Court, which upheld the trial court’s ruling. Ransom v. Holmes .2

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