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Lawskills.com Georgia Caselaw
JACKSON v. JACKSON; and vice versa.
20817.
20822.
Equitable petition. Fulton Superior Court. Before Judge Moore. December 2, 1959.
DUCKWORTH, Chief Justice.
Whether embraced in the deed or a separate verbal agreement never to convey the property to anyone not bearing the Jackson name, such condition is illegal and void, inhibiting alienation of the property; and the relief sought in the petition being based thereon, no cause of action is alleged. The court erred in overruling the general demurrer to the petition.
The above ruling renders the other rulings of the lower court on the oral motion to dismiss and the motion to disallow it nugatory, hence no ruling on the cross-bill of exceptions will be necessary.
Judgment reversed on the main bill; cross-bill of exceptions dismissed. All the Justices concur.
Robert F. Lyle, R. T. Bartholomew, N. Forrest Montet, contra.
William G. Grant, Robert W. Spears, John W. Weeks, for plaintiff in error.
ARGUED MARCH 15, 1960 -- DECIDED APRIL 7, 1960.
Saturday July 5 21:36 CDT


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