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Lawskills.com Georgia Caselaw
KISER v. KISER.
20134.
DUCKWORTH, Chief Justice.
Cancellation. Haralson Superior Court. Before Judge Foster. April 16, 1958.
2. Where, as here, in an action to cancel a deed, the petition shows that the consideration in the deed was $1 and in settlement of claims for support and alimony for a wife and children against the grantor -- the grantor and grantee being husband and wife living in a bona fide state of separation at the time the deed was executed -- it fails to allege a cause of action for the relief sought, since the deed cannot be canceled as a conveyance for support of the children, even though the alleged subsequent cohabitation of the grantor and grantee annulled and set aside the deed as to the alimony arrangement for the wife. Clary v. Thornton, 177 Ga. 833 (171 S. E. 704); Brown v. Brown, 210 Ga. 233, supra. This ruling renders all subsequent proceedings nugatory, and no ruling will be made on the other exceptions.
Howe & Murphy, Harold L. Murphy, D. B. Howe, contra.
James R. Murphy, Thomas B. Murphy, for plaintiff in error.
SUBMITTED JULY 15, 1958 - DECIDED SEPTEMBER 5, 1958 -- REHEARING DENIED OCTOBER 10, 1958.
Saturday August 30 05:49 CDT


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