Vaughan v. Vaughan , 253 Ga. 76 ( 1984 )

Hill, Chief Justice,

dissenting.

The rules applicable to practice and procedure in ejectment and extraordinary equitable remedies such as quia timet, at first preserved by the Civil Practice Act, Ga. L. 1966, p. 609, § 81 (j) (m), are no longer preserved. OCGA § 9-11-81. We now have one form of action, OCGA § 9-11-2, whether legal or equitable, OCGA § 9-11-1. If plaintiff’s complaint could be maintained as an action for ejectment, as the majority imply, it should not have been dismissed, Murrey v. Specialty Underwriters, Inc., supra, regardless of how it was labeled by plaintiff. I therefore dissent.

I am authorized to state that Justice Weltner joins in this dissent.