Gurley v. East Atlanta Land Co. Inc.

O.C.G.A. § 23-3-43 does not restrict the right to a jury trial in cases involving quia timet against all the world-such as quiet title cases arising out of tax sales

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In June 2001 East Atlanta Land Company filed a petition to quiet title to property known as 430 Ashburton Avenue. East Atlanta purchased the property at a December 1999 tax sale pursuant to a writ of fieri facias. Gurley, one of several named defendants, counterclaimed, claiming that he was the true owner of the property by virtue of adverse possession. The case was referred to a special master, and Gurley moved for a jury trial pursuant to OCGA § 23-6-66. Gurley’s motion was denied, and the special master’s proceeding continued. The special master made his report finding fee simple title to be in East Atlanta and requesting the court to assess a portion of the special master’s fees against Gurley as a part of the costs. The superior court adopted the special master’s findings, decreed fee simple title in East Atlanta, and fixed the special master’s compensation, a portion of which the court taxed against Gurley as a part of the costs. Gurley appeals and asserts error in the denial of his motion for a jury trial. We affirm.

1. Conventional quia timet is employed to quiet title as against “any forged or other iniquitous deed or other writing which, though not enforced at the time, either casts a cloud over the complainant’s title or otherwise subjects him to future liability or present annoyance, and the cancellation of which is necessary to his perfect protection.” OCGA § 23-3-40. In contrast, quia timet as against all the world is used to remove any cloud of title to land including “the equity of redemption by owners of land sold at tax sales, and for readily and conclusively establishing that certain named persons are the owners of all the interests in land . . . so that there shall be no occasion for land in this state to be unmarketable because of any uncertainty as to the owner of every interest therein.” OCGA § 23-3-60.

Gurley v. East Atlanta Land Co. Inc.

O.C.G.A. § 23-3-43 does not restrict the right to a jury trial in cases involving quia timet against all the world-such as quiet title cases arising out of tax sales

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