Supreme Court of Georgia May 14, 1947, 15763. (Georgia Marble Company v. Tucker)

Head, Justice.

1. A petition, alleging merely that a named defendant “claims” or “contends” that it is the owner of an interest in realty owned by the petitioner, falls short of stating a justiciable dispute as , contemplated by section 1 of the Declaratory Judgments Act (Ga. L. 1945, p. 137).

2. Under the rule stated by this court in

Mayor &c. of Athens

v.

Gerdine,

202

Ga.

197 (42 S. E.