...See Burnham v. Lynn, 235 Ga. 207, 208, 219 S.E.2d 111 (1975); Sikes v. Sikes, 233 Ga. 97, 98, 209 S.E.2d 641 (1974). Additionally, Lathem's amended petition alternatively sought statutory partition under OCGA § 44-6-160, or equitable partition, see OCGA § 44-6-140....

...and we should reverse the trial court on this basis alone. The most rational explanation for the trial court's award of attorney's and surveyor's fees out of the common fund is that the court treated the case as one for equitable partitioning under O.C.G.A. § 44-6-140. Under section 44-6-140, attorney's fees may be charged out of a common fund under appropriate circumstances. [2] Nothing, however, in this case transformed this action brought under section 44-6-160 into an action for equitable partitioning under section 44-6-140....

...to this Court, explaining that an appeal from a partition action falls within our title to land jurisdiction. That transfer was correct, and we reiterate that this Court has jurisdiction over both statutory and equitable partition actions. See OCGA § 44-6-140 et seq....

...In any event, there was no error. Even when a party files a statutory partition action, the trial court has the discretion to apply equitable partitioning principles if the circumstances of the case warrant the assumption of equitable jurisdiction. See OCGA § 44-6-140 ("Equity has jurisdiction in cases of partition whenever the remedy at law is insufficient or peculiar circumstances render the proceeding in equity more suitable and just."); Ransom v....

...urports to order the sale as an equitable (rather than a statutory) partition, and we remand for the court to conform its judgment to the requirements for a statutory partition. Georgia distinguishes between “equitable” partition, OCGA § 44-6-140 et seq., and “statutory” partition, OCGA § 44-6-160 et seq....

....” Cock, 141 Ga. at 780 (3). See also Hiers, 209 Ga. at 814 (3). “Equity has jurisdiction in cases of partition whenever the remedy at law is insufficient or peculiar circumstances render the proceeding in equity more suitable and just.” OCGA § 44-6-140....

...in his opinion will be to the best pecuniary interests of those concerned.” Anderson, 27 Ga. App. at 514 (4) (citations omitted). The findings of the trial court are supported by the evidence, and despite its misplaced references to OCGA § 44-6-140 and the intervention of equity, those findings show, in accordance with the statutory partition provisions, that the trial court was convinced “that a fair and equitable division of the property cannot be made by means of metes and bounds ....

...Nevertheless, we vacate those portions of the judgment in which the court purported to award equitable relief and in which it set forth the procedure governing the sale of the property without requiring compliance with OCGA § 44-6-167. And we remand the case for entry of a judgment that does not refer to OCGA § 44-6-140 and the intervention of equity and that orders a public sale — under such regulations and on such just and equitable terms as the court below may prescribe — after appointment of commissioners and advertisement as provided in OCGA § 44-6-167....

...15 percent;1 and Upchurch had acquired 43 percent of the property as a tenant in common with them. The remaining Chaney family members refused to sell any more of their interests in the land. Upchurch filed a complaint for partition in equity pursuant to OCGA § 44-6-140 et seq., seeking a public sale and division of the proceeds in proportion to the respective interests of the parties....

...The court did not err in awarding attorney fees under OCGA § 9-15-14(a). Judgments affirmed. All the Justices concur. NOTES [1] Reece had previously conveyed his interest in the 5.81 acres to the Pointers, from whom Smith acquired title. [2] Reece also sought an equitable partition under OCGA § 44-6-140....

...blank sheet of paper at Reece's request "for security reasons." It is uncontested that there is no recorded conveyance from T.J. to Reece. [5] This issue was tried before the court, apparently on Reece's request for an equitable partition under OCGA § 44-6-140....

...on the transfer of the property, and adding claims for an equitable dissolution and accounting of Etowah Ventures under OCGA § 23-2-70 (5) and according 3 to the terms of the Redemption Agreement, an equitable partitioning, OCGA § 44-6-140, and specific performance of the Redemption Agreement, see OCGA § 23-2-130. After a three-day bench trial, the trial court entered a final judgment (1) granting Bagwell’s requests for an equitable accounting and equitable p...

...In ruling on a claim for an equitable partition, a trial court has broad discretion to consider all of the circumstances that make a proceeding in equity more suitable and just, including the need to adjust the accounts or claims of the co-tenants. See OCGA § 44-6-140 (authorizing equitable partition “whenever the remedy at law is insufficient or peculiar circumstances render the proceeding 9 in equity more suitable and just); OCGA § 44-6-141 (court in eq...

...continuation of business”). Thus, while the Redemption Agreement may have remained a valid and enforceable contract between the parties, the trial court was not bound by its terms in making its equitable partition award.2 Instead, OCGA § 44-6-140 and OCGA § 44-6-141 granted the trial court the authority to adjust the accounts and claims of the parties as required by the 2 To the extent a provision of the contract may have been nullified at all in this case, as suggested by the dissent, it was not nullified by the trial court’s ruling....

...l court for later determination. 3. The trial court did not err by dismissing Grady Holman from the action, as it is indisputable that he holds no interest in the property to be partitioned. Judgment affirmed. All the Justices concur. NOTES [1] OCGA § 44-6-140....

....1 (b). Because Stone, as a petitioner, is barred by the statute from seeking a buy-out and because Benton has not sought to purchase Stone's interest, Stone argues that she has no adequate remedy at law and can pursue an equitable remedy under OCGA § 44-6-140....

...ontribution from Brooks for the monies expended by Coker Properties and for a lien on the property. Coker Properties asked the trial court to exercise its equity jurisdiction and treat the partition proceeding as an equitable partitioning under OCGA § 44-6-140 et seq....

...S04A0997, Coker Property enumerates as error the trial court's refusal to convert the statutory partitioning case into an equitable partition case. "Equity has jurisdiction in cases of partition whenever the remedy at law is insufficient or peculiar circumstances render the proceeding in equity more suitable and just." OCGA § 44-6-140....

...ute the appraised price of the property in accordance with OCGA § 44-6-166.1 (c). In April 1986, shortly after the last of the three appraisals had been filed, the appellees moved to convert this proceeding into an equitable partitioning under OCGA § 44-6-140....

...ect property as joint tenants with the right of survivorship, statutory partition is unavailable to Vargo. See Wallace v. Wallace, 260 Ga. 400 (396 SE2d 208) (1990). Under the circumstances of this case, equitable partition is also unavailable. OCGA § 44-6-140 states: “Equity has jurisdiction in cases of partition whenever the remedy at law is insufficient or peculiar circumstances render the proceeding in equity more suitable and just.” Vargo asserts he is entitled to equitable partition under one or both of the requirements described in OCGA § 44-6-140 because, since the parties hold the property as joint tenants with the right of survivorship, they lack a remedy at law, and because the accounting issues regarding the parties’ respective contributions to the property represent “peculiar circumstances” that render proceedings in equity appropriate....

...We agree with appellant that the trial court’s conclusions of law were internally inconsistent. On the one hand, the trial court concluded that “[a] proceeding in equity for partition is more suitable and just than a proceeding to partition at law,” which is the standard established by OCGA § 44-6-140 for determining whether a partitioning should proceed in equity....

...or mistake,3 the trial court did not err in ordering the sale. Judgment affirmed. All the Justices concur. *569Decided October 18, 1999. Charles E. Leonard, for appellant. Tyron C. Elliott, for appellees. The partitioning was sought under OCGA § 44-6-140, the equitable partitioning statute....

...The correct way for tenants in common to arrive at a disposition of their joint interests is one of the following: 1. Sell the property and divide the proceeds. 2. One tenant in common to buy out the other. 3. Allow a foreclosure. 4. Use the statutory or equitable method of partitioning under OCGA §§ 44-6-160 and 44-6-140....

...inson and her husband. [3] In the petition, Robinson cites, inter alia, OCGA § 44-6-160, which provides for statutory partitioning, but plainly the remedy she is seeking is that reflected in the styling of her petition—equitable partitioning, OCGA § 44-6-140 et seq....