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Paul v. Keene

The defendants were entitled to a jury trial in the plaintiffs' quiet title action because their was a genuine dispute as to whether the plaintiffs and the defendants had agreed to partition the disputed property.

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After the death of Robert H. Small, Sr., in 1957, the probate court awarded Small’s widow, Irene Paul, and her three minor children, Sandra Small Keene, Robert H. Small, Jr., and George Small, a year’s support, which included title to a 186-acre tract of land in Jones County, Georgia. More than 40 years later, Sandra Small Keene and George Small filed this quia timet action naming Irene Paul, Robert H. Small, Jr., and all the world as defendants. They alleged that the parties orally agreed to partition the land into four separate, equal parcels; and that they each entered into exclusive possession of his or her parcel. Defendants answered the complaint, denied its material allegations, and made a written demand for a jury trial.

The trial court appointed a special master who, following a hearing, determined that the material facts were not in dispute: that the parties did orally agree to a partition of the property into four separate parcels; and that each party took control of his or her parcel. See generally Yaughn v. Harper, 151 Ga. 187 106 SE 100 1921 tenants in common can divide property by oral agreement where each party enters into possession of his respective parcel; Reed v. Mathewson, 146 Ga. 819 92 SE 632 1917 same. Based on those findings, the special master recommended that the land be partitioned. Three weeks later, the superior court adopted the findings and recommendation of the special master and entered judgment accordingly. Defendants appealed asserting, inter alia, that they were denied their right to a jury trial because the evidence was in dispute.

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