54 Ga. 285 | Ga. | 1875
At the date of the institution of this suit, the law regulating the rights of the parties as to the property, was the act of 1806: Cobb’s Digest, 224, 225. By that act it provided that after the payment of the debts, the property “shall be subject to an equal division between the children of such parties, except the jury shall think proper to allow either party a part thereof. Under this statute, up to the adoption of the Code, the uniform ruling was, that the whole subject was open to the jury. By the Code of 1863, as was held by this court in Odom vs. Odom, 36 Georgia, 319, this rule was changed, and under the law since the Code, the jury can only give the wife alimony, and that is defined in 1736, and other sections, as a provision for the support of the wife at most for her life. The sole question in this case is, whether the provisions of the Code apply to this case, pending as it' was at the time of the adoption of the Code. There is nothing in the language of
Judgment affirmed.